Blog
Case summary | Doctor found guilty of professional misconduct over death in custody
Agreed facts On 3 August 2021, Ms Dhu was taken to an emergency department complaining of rib pain and shortness of breath while in police custody....
Case summary | Tribunal finds reprimand unnecessary in light of decision to cancel registration
A chiropractor found to have committed professional misconduct in relation to the inappropriate touching of five female patients had his...
Recent WA trends in medical negligence and professional regulation
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...
New obligations for employers with casual employees
As a result, employers have new obligations with respect to their existing casual employees and any new casual employees they employ after 27 March...
Is a mandatory vaccination policy a lawful and reasonable direction?
A significant decision from the Fair Work Commission (FWC) provides some useful guidance on the reasonableness and lawfulness of such policies,...
Restraints and non-compete clauses: an exercise in reasonableness
In his recent article, David McMullen provides insights on: What constitutes a reasonable and valid restraint; When a restraint might be...
Who are GP corporates’ real customers: Doctors or patients?
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....
Case summary | GP enters intimate relationship with vulnerable patient and escapes suspension
The key issue The key issue in this case is boundary violations. The background The respondent treated the patient on about 30 occasions...
Case summary | Tribunal finds GP to have behaved in a way that constitutes professional misconduct
The key issues The issues of this case include: Holding out others as medical practitioners; Dishonest conduct with the regulator; and Deception of...
Case summary | Court approves settlement of claim where infant plaintiff allegedly contracted TB
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...