Defamation claim: Administration of deep sleep therapy at Chelmsford Private Hospital.

Herron v HarperCollins Publishers Australia Pty Ltd (No 3) [2020] FCA 1687 (available on the Federal Court website) dealt with two applicant's claims for defamation arising from a chapter in a book titled Fair Game: The Incredible Untold Story of Scientology in Australia (HarperCollins Publishers Australia Pty Limited, 2016). The background to Chapter 14 of the book “Deep Sleep” is the Royal Commission conducted …

Abuse: Vicarious trauma claim by lawyer.

With thanks to Patrick Thompson for drawing my attention to today's decision in State of Victoria v Kozarov [2020] VSCA 301, available on Austlii. The respondent (a solicitor) was an employee of the Office of Public Prosecutions working in the Specialist Sexual Offences Unit (SSOU) who developed a major depressive disorder and chronic post traumatic …

Conduct: Plagiarism by medical practitioner.

The Barnold Law blog has drawn attention to a decision from last year, Medical Board of Australia v Soh (Review and Regulation) [2019] VCAT 1549 (available on AUSTLII). Based on agreed facts, the Tribunal found that the doctor's conduct breached principles of the Good Medical Practice: A Code of Conduct for Doctors in Australia March 2014 (clause …

Intentional acts with intent to cause harm + recklessness.

With thanks to Hilbert Chiu for drawing my attention to Dickson v Northern Lakes Rugby League Sport & Recreation Club Inc [2020] NSWCA 294, available on JADE. Not a medical case (though referring to Dean v Phung), the claim by Mr Dickson was made as he was seriously injured in a rugby league match when …

Wrongful birth: Failed sterilisation.

With thanks to Tim Cummings for drawing my attention to Lee (a pseudonym) v Dhupar [2020] NSWDC 717 available on Caselaw. An order was made prohibiting the publication or other disclosure of any information tending to reveal the identity of the child named in the evidence in this case, the child’s mother, other family members …

COVID-19: Emergency Management Act (WA) convictions.

ABC News has reported the following: A Perth dentist has been sentenced to two months' immediate jail for breaching COVID-19 quarantine requirements and treating 41 patients despite knowing the health risk posed by the virus. The dentist flew back to Perth from Canberra on June 16 via Sydney and was supposed to quarantine at home …

Treatment contrary to Advance Care Directive.

Miichael Eburn has drawn attention to the Record of Investigation into Death (Without Inquest) in respect of Kylie Anne Breen, from the Coronial Division of the Magistrates Court of Tasmania (2 September 2020) which is available on the Court's website. The decision is of interest as about 12 months before her death, Ms Breen had …

UKSC: Compensation refused for killing during psychotic episode.

The Appellant, who had previously been diagnosed as suffering from paranoid schizophrenia or schizoaffective disorder, stabbed her mother to death whilst expiring a serious psychotic episode. The Appellant pleaded guilty to manslaughter by reason of diminished responsibility. It was common ground between the parties that this would not have happened but for the Respondent’s breaches …

High Court appointments: Australia.

The Federal Government has announced Jacqueline Gleeson and Simon Steward will become the High Court's newest justices, ahead of the retirement of two sitting justices in the coming months. Justice Gleeson is currently in the Federal Court in Sydney, while Justice Steward is on the Federal Court bench in Melbourne. ABC News.