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Parens Patriae Applications - Alive and Well

In March 2016 the Family Court of WA ordered that a six year old boy with a brain tumour undergo chemotherapy treatment after his parents had refused treatment and indicated that they wanted to pursue alternative therapies. Last week, the Qld Supreme Court ordered that a 12 year old girl may lawfully undergo an abortion when it was considered that this form of medical intervention fell outside the types of procedures for which parental consent could be given....

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Delay found to be abuse of process

The patient had died in September 2005 following an angioplasty procedure performed by the practitioner. The patient’s widow lodged a complaint in 2012. The Board took until December 2014 to file its application with the Tribunal. In July 2015, the Board amended its application to make new and very serious allegations. The practitioner applied for an order that the Tribunal dismiss the Board’s ...

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Duty of Care to Trainees – a novel approach

In Sklavos v Australasian College of Dermatologists [2016] FCA 179, Dr Sklavos made 3 claims against the College, being: The College engaged in either direct or indirect disability discrimination in contravention of the Disability Discrimination Act 1992 (Cth);, The College breached a contract into which it had entered with him in respect of his training;, The College negligently breached ...

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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 personal injury claims. The Commission's preliminary assessment is to propose that the "once and for all" rule of damages be modified in WA through the introduction of provisional damages....

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