Abuse: Mental harm from abuse of daughter (Limitation issues).

AB v State of Queensland & Anor [2022] QCA 109 (on JADE). This was an appellate reconsideration of a limitation period issue, which saw the Court make an order extending the limitation period for the appellant's personal injury claim. It is mentioned here as the underlying claim is one where the appellant had been been diagnosed … Continue reading Abuse: Mental harm from abuse of daughter (Limitation issues).

Abuse: Stay of proceedings – Application for leave to appeal refused.

Smith v The Council of Trinity Grammar School [2022] NSWCA 93 (on Caselaw). Mr Smith sought leave to appeal against an earlier successful application by the defendant for an application for a permanent stay of proceedings seeking damages for alleged sexual assault in 1981, where the alleged perpetrator died (in 2012) before the defendant was … Continue reading Abuse: Stay of proceedings – Application for leave to appeal refused.

Medical: University student & vaccination beliefs.

Thiab v Western Sydney University [2022] NSWSC 760 (on Caselaw). The plaintiff, Nera Thiab, was a student in one of the degree courses offered by the University, namely Bachelor of Nursing and Midwifery. Ms Thiab successfully finished her course work but needed to complete a certain number of hours in clinical placements in order to satisfy the requirements for the grant … Continue reading Medical: University student & vaccination beliefs.

Abuse: Stay of proceedings (school setting).

Fields v Trustees of the Marist Brothers [2022] NSWSC 739 (on Caselaw) The plaintiff commenced proceedings against the defendant, the Trustees of the Marist Brothers in July 2019, claiming damages for sexual abuse which he initially alleged occurred in 1966, and on one occasion in 1967, whilst he was a student at St Joseph’s School (“the School”) in Lismore. By a notice … Continue reading Abuse: Stay of proceedings (school setting).

Abuse:  Historical abuse of a child by a priest.

O'Connor v Comensoli [2022] VSC 313 (on AUSTLII). With thanks to Charles Harrison for drawing attention to this matter, which concerns the historical abuse of a child by a priest and the liability of the Archdiocese for the unlawful conduct of an assistant priest, with a discussion of vicarious liability and an assessment of damages. The … Continue reading Abuse:  Historical abuse of a child by a priest.

Medical: Removal of tutor.

Mary Perera by her tutor Marisa Perera v Alpha Westmead Private Hospital trading as Westmead Private Hospital [2022] NSWSC 571 (on Caselaw). This interlocutory decision addresses in some detail a determination of the question as to whether the Plaintiff is presently a person under legal incapacity so as to require approval of the settlement under s.76 Civil … Continue reading Medical: Removal of tutor.

Medical: Appeal from decision regarding referral for specialist review.

Chester v WA Country Health Service [2022] WASCA 57 (on JADE). Mr Chester suffered a shoulder injury and attended the Busselton Regional Hospital. Mr Chester later sued the Hospital in negligence, alleging a variety of failures on the part of the Hospital. Those failures included that the Hospital was negligent in failing to treat Mr Chester as … Continue reading Medical: Appeal from decision regarding referral for specialist review.

Abuse: Stay of proceedings – appellate decision.

The Trustees of the Roman Catholic Church for the Diocese of Lismore v GLJ [2022] NSWCA 78 (On Caselaw). This appeal sought to overturn an earlier refusal for a stay of proceedings. The application for a permanent stay of proceedings followed a claim made in 2020 seeking damages for alleged sexual assault in 1968, where … Continue reading Abuse: Stay of proceedings – appellate decision.