A chiropractor found to have committed professional misconduct in relation to the inappropriate touching of five female patients had his registration cancelled and was disqualified from seeking re-registration for 4 years and 6 months. Dr Ebtash was also prohibited...
The view from the bench According to the most recent District Court of Western Australia Annual Review, the Court’s civil caseload in 2019 continued to be heavily weighted towards personal injury claims with the majority arising from workplace accidents and motor...
A significant decision from the Fair Work Commission (FWC) provides some useful guidance on the reasonableness and lawfulness of such policies, after the dismissal of an employee for refusing to take a free flu vaccine was upheld. Ms Bou-Jamie Barber v Goodstart Early...
In his recent article, David McMullen provides insights on: What constitutes a reasonable and valid restraint; When a restraint might be unenforceable; and The consequences of breaching a restraint. Please click on the image below to download the article which was...
During the past couple of years, a legal battle between the GP corporate Healius and the Australian Tax Office has been running through the courts. It is of interest to many doctors because it appears to relate to an issue that’s wrapped in much emotion for the...
The key issue The key issue in this case is boundary violations. The background The respondent treated the patient on about 30 occasions between 2004 and 2009, before a consultation in October 2009 during which they expressed a mutual interest in one another...
The key issues The issues of this case include: Holding out others as medical practitioners; Dishonest conduct with the regulator; and Deception of patients for personal financial gain. The background Between June and November 2016, the respondent admitted that he:...
It was alleged in the proceedings that the doctor breached his duty of care in that he failed to provide any or any adequate advice or guidance concerning the risks of contracting TB in Vietnam and the benefits of, or need for, appropriate vaccinations before...
The Full Court of the Federal Court upheld the lower court finding that the supplier was negligent in failing to warn prospective users of material risks. Other findings in the judgment related to consumer law issues. To read the decision in Ethicon Sàrl v Gill [2021]...
This Determination temporarily allowed companies to execute documents electronically and permitted the split execution of documents. In other words: The definition of a ‘document’ was amended to include those in electronic form. Execution of documents under the...