Blog
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...
Case summary | Pelvic mesh judgment upheld on appeal
The Full Court of the Federal Court upheld the lower court finding that the supplier was negligent in failing to warn prospective users of material...
IR Omnibus Bill Update
On 22 March 2021, the much reduced Bill was passed through Parliament. Provisions relating to wage theft penalties, the length of greenfield...
Update on Electronic Execution under the Corporations Act
This Determination temporarily allowed companies to execute documents electronically and permitted the split execution of documents. In other words:...
New Serious Incident Response Scheme begins 1 April 2021 – Is your organisation ready?
These reportable incidents include: a. unreasonable use of force; b. unlawful sexual contact, or inappropriate sexual conduct; c. psychological or...
Case summary | Pharmacist disqualified after selling Jungle Juice Platinum and products containing synthetic cannabimimetics
The key issue The key issue relates to criminal convictions. The background The case relates to a pharmacist who owned and managed operations...