The Federal Circuit Court of Australia has ordered that Windaroo Medical Surgery pay a pecuniary penalty of $39,600 for acting in contravention of sections 343 and 340 of the Fair Work Act 2009 (Cth). The unlawful conduct included: making the following threats to...
Damages
Mother awarded $1.8m in damages after her baby dies in hospital
Background In mid-April 2010, the mother suffered from a severe attack of gastroenteritis. She was required to attend Wagga Wagga Base Hospital every day for a period of three weeks. Daily CTG monitoring of her baby was carried out and an ultrasound was performed...
Medical negligence; failure of general practitioner to refer plaintiff for specialist treatment
Gulab Khan v Matthew Rathjen [2016] NSWDC 139 is a recent decision concerning a failure of a general practitioner to refer the plaintiff for specialist treatment after he sustained lacerations over his left hand when he grabbed a knife to avoid being stabbed during an...
Employer liable for manager’s belittling conduct
In Eaton v TriCare (Country) Pty Ltd [2016] QCA 139 the Queensland Court of Appeal found that an aged care facility had breached its non-delegable duty by failing to take steps to minimise the risk of a former employee developing a psychiatric illness due to...
Is the end of the ‘once and for all’ rule nigh?
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...