The Law Reform Commission of WA released a discussion paper in November 2015 on provisional damages and damages for gratuitous services. Whilst initiated in response to issues in asbestos claims, the proposed reforms are discussed in the broader context of all...
On 30 November 2015 the Mental Health Act 2014 (WA) (“MHA 2014”) will come into substantive operation. Both the MHA 2014 and the Mental Health Legislation Amendment Act 2014 were passed last November, but had limited operation to facilitate a 12 month transition...
In this case the Sydney Children's Hospital Randwick applied to the New South Wales Supreme Court for an order authorising it to carry out the administration of blood, blood products and platelet therapy and the reinfusion of the patient's own blood (as well as any...
The NSW Court of Appeal has upheld the appeal brought by a GP who was found by the Trial Judge to have been negligent for failing to refer his morbidly obese patient for bariatric surgery.
On 9 April 2013, the Court of Appeal delivered two decisions on whether Actions dismissed pursuant to R44G of the District Court Rules can be reinstated. Interestingly, the Court reached different decisions in each case indicating that the circumstances leading to a...
Please see Resource Link below.
Please see Resource Link below.
On 12 October 2011 the Full Court of the Federal Court of Appeal upheld an Appeal by the manufacturer of the drug Vioxx against an earlier decision which awarded damages to a man who claimed his heart attack was caused by the drug. In upholding the Appeal the Full...
On 3 March 2011 the Respondent took immediate action against Dr I to suspend his registration pursuant to s.156 of the National Law. The Doctor appealed the decision and sought to have it set aside. It was submitted by the Appellant that in making its decision the...
The relevant facts were as follows: The Respondent (Plaintiff) had a mechanical heart valve inserted and, following the operation, she was required to take an anticoagulant medication for the rest of her life. The Respondent was prescribed warfarin and as a...