Workpac v Rossato This case concerned the employment of Mr Rossato by Workpac Pty Ltd (Workpac), a labour hire agency. Over several years, Mr Rossato was employed by Workpac as a ‘Casual Field Team Member’ to provide services to Glencore Australia Pty Ltd at several...
Health Blog
Mandatory Vaccination Requirements extend to Primary Health Care Workers
The Primary Health Care Worker (Restrictions on Access) Directions (Directions) apply to all persons who provide health services to a patient at a primary health care facility. A primary health care facility is defined as including, but is not limited to, general...
Case Summary | Suspended final year medical student unable to complete studies
The Background Mr Hyland, a final year medical student, had his registration suspended by the Medical Council of NSW (Council) in August 2021. The Council had received a notification that Mr Hyland had been charged with multiple domestic violence and common assault...
Case Summary | Pharmacist suspended for not identifying altered scripts
The Background The Pharmacist’s dispensing came to the notice of the Department of Health in October 2018 when it was identified, through the SafeScript database, that from March 2015 to October 2018 she had supplied 52,368 tablets of codeine-containing analgesics by...
Using contracts to avoid liability in negligence | When it might work, and when it might not.
Australian Consumer Law Under the Australian Consumer Law (“ACL”) suppliers automatically provide consumers with certain statutory guarantees for the goods and services that they purchase. A supplier is anyone who, in trade or commerce, sells goods or services to a...
Case Summary | Damages for unplanned birth following failed sterilisation procedure
The background Ms O’Loughlin (the Plaintiff), a mother of six children at the relevant time, was advised by Dr McCallum (the First Defendant) to consider a sterilisation procedure after the birth of her sixth child. The Defendant had recommended the sterilisation...
Unauthorised access of medical records leads to cancellation of registration
Over a period of several months in 2019, whilst working in the intensive care unit of a hospital, the nurse accessed the medical records of: her husband; two former partners of the husband; three children of the husband; and 27 people who had no apparent connection to...
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 | Federal Court challenge to Professional Services Review dismissed
The key issues Dr Karmakar challenged the validity of each stage of the PSR process and sought: a declaration that the decision by a delegate of Medicare (the Delegate) to ask the Director of PSR Agency (the Director) to review her practice was invalid; a declaration...