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Post Archive - July 2017

Post Archive - July 2017

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Battery and negligence - Incisional hernia repair

The operation was performed by a surgical registrar under the supervision of a specialist general surgeon. Post-operatively, the plaintiff developed a severe infection associated with the placement of surgical mesh over the region of the hernia dissection. The plaintiff re-presented to the hospital on two further occasions after the operation. The plaintiff’s primary case was in battery alleging ...

  1. Health Blog

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Consumer Protection announces review of retirement village contracts

Acting Commissioner for Consumer Protection David Hillyard advised that the investigation will examine various contracts offered by retirement village operators to see if they breach the "unfair contract terms" provisions of the Australian Consumer Law (ACL). One focus of the investigation will be the 'deferred management fees' or 'deferred residency fees' often payable when a resident vacates their unit....

  1. Aged Care Blog

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Be Careful of New Employees Bearing Gifts

Two ex-employees of the appellant Lifeplan, a company engaged in the business of fund management and the provision of investment products including funeral bonds and pre-paid funeral products, joined Foresters, another friendly society in late 2010. Foresters’ business included similar investment products and pre-paid funeral products as that provided by Lifeplan. Shortly prior to leaving ...

  1. Employment Law and Workplace Relations Blog

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HR Toolbox Edition 4 - 2017

1.  Latest decisions. Here to stay: casual conversion clauses introduced in modern awards The Fair Work Commission (FWC) has found that casual employees on modern awards should be entitled to elect to convert to full-time or part-time employment, subject to certain rules and restrictions. Casual employees will be eligible to convert to permanent employment sufficient to a qualifying ...

  1. Employment Law and Workplace Relations Blog

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Overstepping Professional Boundaries leads to Professional Misconduct

The experienced GP was found guilty of professional misconduct for continuing to treat an elderly patient after he became aware that he was named as the dominant beneficiary in her will. The GP had commenced treating the patient in 1996. Over the course of time they formed a genuine friendship, socialising together and exchanging gifts. In or about 2002 or 2003 the GP became aware that he was named as a beneficiary in the patient’s will....

  1. Health Blog

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