The Court of Appeal dismissed the appeal, upholding the primary judge’s finding that it was reasonably foreseeable that the caseworker would identify a child discussed in the documentary as her former client and perceive a discussion of alleged failings as implicating...
Health Blog
Hyde v South Metropolitan Health Service [2026] WADC 102: where the cause of injury is a matter of medical inference, awareness under s 39 of the Limitation Act requires expert opinion
Facts On 23 July 2019 the plaintiff attended the Fiona Stanley Hospital emergency department after a co-worker stepped on her right foot. She had injured the same foot on a door 11 days earlier. She was fitted with a Camboot for a suspected cuboid fracture. On 1...
Daniella Lalezari (by her next friend Diana Lalezari) v North Metropolitan Health Service [2026] WADC 68
The child, acting through her mother as next friend, alleged that staff at KEMH failed to appropriately monitor the induction of labour and failed to recognise the increasing risk of fetal compromise as labour progressed. The child was ultimately delivered by...
Restraints, Confidential Information and Delay: Lessons from Concept Cosmetic Medicine v Chater
The decision in Concept Cosmetic Medicine Holdings Pty Ltd trading as Concept Cosmetic Medicine v Chater [2026] NSWSC 574 concerned an interlocutory application and did not finally determine CCM’s claims. However, it provides useful guidance on the construction of...
Western Australia’s Privacy Reforms commenced on 1 July 2026
On 22 July 2024, we published an article introducing Western Australia's proposed privacy reforms and explaining how the then Privacy and Responsible Information Sharing Bill would establish the State's first comprehensive privacy framework. Those reforms became...
Inadequate clinical record-keeping central to findings in preventable death inquest
Although the Coroner ultimately found that Ms Campbell's death was caused by an inappropriate post-operative discharge, the findings are notable for their extensive criticism of the treating surgeon's clinical records. The findings serve as an important warning...
Mandatory NDIS registration for Supported Independent Living and platform providers
A platform provider will generally be a provider that uses a profile-based platform, such as an app or website, to connect participants with workers. This may include businesses that allow participants to browse worker profiles and book support workers directly...
Failure to follow birth plan gives rise to findings of battery and negligence
Background As a child, the plaintiff had been subjected to domestic violence by her father. She had also previously supported one of her sisters in her birth and had found the experience confronting. In particular, she had witnessed her sister undergo a lot of vaginal...
Hospital and Medical Council criticised for failing to provide procedural fairness to surgeon
Background The practitioner, a cardiothoracic surgeon, had his operating privileges withdrawn by the hospital following an unparticularised complaint regarding his treatment of four high risk patients. This triggered an investigation by the hospital in June 2025,...
Key amendments to the National Law now in force
Sexual Misconduct recorded on public register One such amendment is the requirement for proven findings of sexual misconduct to now be permanently recorded against a practitioner’s name on the public register, rather than removed once sanctions lapse. The purpose of...