Blog
Mere chance or possibility to have achieved a better outcome insufficient for appeal
Key issues In this case, the Court of Appeal was required to determine whether the trial judge had erred in finding that hospital’s medical...
Stroke victim unsuccessful in negligence claim against doctor and health service
Key issues In this case the Court was required to determine whether the Plaintiff’s stroke symptoms progressed despite, not because of, the...
Impaired practitioners: not automatically precluded from practice
Key issues In DYB v Medical Board of Australia [2019] NSWCATOD 162, the Tribunal considered the concept of “impairment” for practitioners and its...
Contractual indemnities – Why give them? Why ask for them?
It is always important to understand what is actually being agreed when you ask for or commit to an indemnity provision. Please click on the image...
Individuals and small businesses protected against unfair contract terms
The ACL is found in Commonwealth legislation and also applies as a law of Western Australia by operation of the Fair Trading Act 2010 (WA). This...
Panetta McGrath Lawyers and Bentleys (WA) share insights on the new Standard 8 in aged care
David McMullen from Panetta McGrath and Chris Nicoloff from Bentleys (WA) teamed up this week to present a multidisciplinary discussion centering on...
Interim Code of Practice for Retirement Villages (No. 2) 2019
What is the RV Code? The retirement village industry in WA will be familiar with predecessors to the ‘new’ RV Code. Except for the title, the RV...
Are you a health care practice looking to review or renew a lease?
You should consider these factors when looking to lease new premises or when a lease of existing premises is up for renewal. For some top tips,...
Heparin injection causing nerve injury sounds in damages of $250K
On 11 August 2014, the Plaintiff underwent an abdominoplasty (tummy tuck) and subsequently required subcutaneous injections of heparin twice daily....
Chiropractor reprimanded and fined $7,500 for failing to comply with CPD and first aid requirements and attempting to deceive the regulator
The Victorian Civil and Administrative Tribunal (“Tribunal”) found that the Practitioner behaved in a way that constitutes professional misconduct...