The NSW District Court granted leave for a Plaintiff to join the defendant’s medical indemnity organisation as a named second defendant. The key issue Whether there was an arguable case that the insurance policies held by the defendant would respond to the plaintiff’s...
The key issue Whether the Supreme Court of NSW should make orders which would permit the Hospital to administer proposed chemotherapy to a young boy in the face of his parents not being prepared to consent to that treatment. The background The defendant is two...
The key issues Whether the NSW Tribunal: applied the correct statutory test; and misinterpreted the expert evidence in finding that a cardiologist had engaged in unsatisfactory professional conduct in relation to 2 complaints made against him arising from his...
The key issues Whether it was negligent of the hospital and treating doctor to administer the treatments; and Whether the treatments caused the further strokes that damaged the right side of the appellant’s brain and caused left-sided disabilities. The background The...
JobKeeper and JobSeeker changes The JobKeeper and JobSeeker Coronavirus Supplement have been extended until 28 March 2021 and 31 December 2020, respectively. The Government has stated that this extension recognises that economic recovery remains significantly affected...
The main duties The Corporations Act and Associations Incorporation Act impose duties which overlap the general law to varying degrees. The legislation has effect ‘in addition to, and not in derogation of’ any other legal duties and does not prevent the commencement...
Part IIBA of the Health Insurance Act 1973 (“Act”) prohibits asking for, accepting, offering and providing various forms of ‘benefit’ in connection with the provision of pathology services. A key area in which benefits are prone to arise – whether advertently or...
The plaintiff suffered from a cholesteatoma, a benign recurring tumour which required surgical removal and underwent a series of surgeries on his right ear performed by Dr Roland von Marburg, an ear, nose and throat surgeon between 2005 and 2008. The Court found that...
The background A complaint was made to the Australian Health Practitioner Regulation Agency (AHPRA) by a former female employee (the Complainant) of the practitioner, Dr Freeman. The Complainant alleged that between January 2017 and September 2018, Dr Freeman engaged...
The Plaintiff presented to the Campbelltown Hospital ED on 21 August 2015 with a non-functioning colostomy and abdominal pain, having undergone a Hartmann’s procedure for perforated sigmoid diverticular abscess in October 2014. The Plaintiff was admitted, found to...