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...
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...
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...
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...
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...
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...
The expression applies as much to events happening in our lives, as it does to health practitioners who seek to avoid the dreaded notice from AHPRA advising of a notification or investigation about them. Practitioners do not have the luxury of selecting their patients...
The background The complaint alleged that throughout March 2017 to August 2017, the practitioner failed to maintain proper professional boundaries by entering into a romantic and personal relationship with the patient, which included: calling her approximately 85...
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...
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...