Blog
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...
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...
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...
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...
Employer not required to disclose bullying report in unfair dismissal claim
The FWC upheld the employer’s claim of legal professional privilege over an external report and surrounding documents, because they were created to...
Award Interpretation: Are you Covered?
Correctly interpreting awards has often presented challenges for employers. The vexed issue of award coverage recently reared its ugly head in...
Aged Care Newsletter November 2015
Welcome to this month’s edition of the Panetta McGrath Aged Care Newsletter in which we discuss the recently passed Associations Incorporations Act...
Mental Health Act 2014
On 30 November 2015 the Mental Health Act 2014 (WA) (“MHA 2014”) will come into substantive operation. Both the MHA 2014 and the Mental Health...
The Sydney Children’s Hospital Network v X [2013] NSWSC 368
In this case the Sydney Children's Hospital Randwick applied to the New South Wales Supreme Court for an order authorising it to carry out the...
Varipatis v Almario [2013] NSWCA 76
The NSW Court of Appeal has upheld the appeal brought by a GP who was found by the Trial Judge to have been negligent for failing to refer his...