The decision in Affinity Care Services Pty Ltd as Trustee for the Balmerino Australia Trust v National Disability Insurance Agency [2024] FCA 1314 serves as a salient reminder on providers to ensure that they engage sufficient administrative resources to respond to...
Prue Campbell
Ambulance Ramping and the fragmentation of care
Western Australian State Coroner Fogliani made a number of recommendations in the inquest into the death of Ashleigh Hunter, a 26-year-old woman who died of meningococcaemia, aimed at closing the gap between ambulance officers and hospitals when managing and...
A victimless crime? Delayed claiming practice resulted in four-month suspension
Many health practitioners assume that their principal responsibility is to provide professional and competent advice and treatment to their patients and that only deviations from this duty will attract the censure of the regulator. However, a practice of delayed...
Preparing for the transition to the Australian National Aged Care Classification funding model
The measure responds to the Royal Commissions’ Recommendation 120 which found that the Australian Government should fund approved providers for delivering residential aged care through a case mix classification system such as the AN-ACC. The Royal Commission also...
The Aged Care and Other Legislation Amendment (Royal Commission Response No.2) Bill 2021 – A Summary
The Bill will amend the Aged Care Act 1997 (Cth) and the Aged Care (Transitional Provisions) Act 1997 (Cth) to enable the introduction of eight measures, namely: the introduction of the Australian National Aged Care Classification to replace the Aged Care Funding...
Case Summary | Obstetrician/Gynaecologist disqualified from re-registration following ‘catastrophic and unprecedented systemic governance failings’
Facts From 2008 to 2015, Dr Barhar was the Director of Obstetrics at Bacchus Marsh Hospital. Following a higher than State average rate of perinatal mortality during his tenure, in 2015 the Department of Health commissioned a review, which identified “catastrophic and...
When talk isn’t cheap: defamation and negative online reviews
With a recent trend in negative Google review defamation cases favouring the applicant, business owners cannot be blamed for thinking that defamation proceedings are the answer to removing negative reviews. But is this realistic? Or is there more to these cases than...
Case summary | Negative online reviews result in a handsome reward in defamation action
The background Dr Nettle, a highly regarded and successful plastic and reconstructive surgeon, commenced proceedings against a former patient, Ms Cruse, alleging that she had defamed him in four separate publications. The four publications alleged relevantly that Dr...
Case summary | Dentist successful in defamation proceedings for negative Google review
The background Dr Dean, a well-known periodontist in Melbourne, commenced proceedings against Ms Puleio alleging that she defamed her in four publications on Google reviews of Dr Dean’s business, Kew Periodontics and Dental Implants (Kew Periodontics). Ms Puleio was a...
Case summary | Hospital breached duty of care for failure advise of urgency and failure to refer
Background On 19 September 2010, Ms Makaroff (the Plaintiff) suffered a dislocated shoulder and a bite wound on her from one of her horses. She was taken to Hawesbury District Hospital (Hospital) for plastic surgery and later discharged. Her general practitioner (the...