Abuse: Delay and Prejudice; Pseudonyms and suppression

ZYX -v- JD [2019] WADC 164 (available on AUSTLII) is a decision published 26 November 2019 regarding a child sexual abuse claim (1968 - 1973)  in which the defendant sought that the writ be set aside, stayed, and that the actual names of the parties be suppressed and substituted with identifying names and symbols approved …

Reportable death / interests of justice: Aged care

Hewit v NSW State Coroner [2019] NSWSC 1724 (available on Caselaw) saw an application by the son of the deceased for an order that her death at an aged care facility was a “reportable death” within the meaning of s 6(1)(b) and/or s 6(1)(c) of the Coroners Act 2009 (NSW). The Court held at [60] that there …

Abuse litigation: Pseudonym orders

BDN v McCoy [2019] NSWSC 1723 (available on Caselaw) considered the public interest in victims of alleged sexual assaults not being prevented from litigating claims because of fear that principles of open justice will expose them to psychological harm and embarrassment. The Court held at [7] that: There is a very significant public interest in …

Wrongful birth interlocutory orders: Number of expert witnesses, conclaves + interviewing former treating doctors.

AA v Kesby [2019] NSWSC 1711 (available on Caselaw) saw interlocutory orders made in  respect of two notices of motion, dealing with issues in the leadup to a final hearing of the claim. The Court had previously made a pseudonym type order under the Court Suppression and Non Publication Orders Act 2010 (NSW). The present judgment dealt …

Declaration sought by defendant that it is permitted to interview plaintiff’s former treating doctors

Beerens v Biggs [2019] NSWSC 1707 (available on Caselaw) saw the defendant claim a declaration that he is not prevented from interviewing, through his legal representatives, three former treating doctors of the plaintiff. The defendant was a neurosurgeon consulted by the plaintiff following a motorcycle accident injury. The plaintiff has brought this action for damages …

NDIS: Guardian ad litem

Although a brief decision, Klewer and National Disability Insurance Agency [2019] AATA 4974 (available on JADE) is of interest as it highlights the potential for tension between the interests of an NDIS applicant and their family member. The AATA application was in respect of whether the Agency should fund overnight care for the Applicant for …

Thrombolysis when contraindicated?

With thanks to Associate Professor Tina Cockburn for drawing attention to the recent decision Sochorova v Durairaj & Anor [2019] QSC 251 (available on AUSTLII). The plaintiff alleged that her stroke was caused by the defendants administering thrombolysis, a procedure utilised to treat the plaintiff for a prior stroke she had suffered on the day …

Representative action: Transvaginal implantation of synthetic mesh

In accordance with the practice of the Federal Court in some cases of public interest, importance or complexity, a summary was prepared to accompany the orders made yesterday in Gill v Ethicon Sarl & Ors (No 5) [2019] FCA 1905 (available on AUSTLII). Selectively drawing from that summary: This is a representative (or class) action …

NDIS: Medical Alert (life buzzer) provision

In Hoolachan and National Disability Insurance Agency [2019] AATA 4798 (available on JADE) the Tribunal (following a concession by the NDIA) varied the decision under review to specify the provision of the ongoing costs associated with a “Medical Alert (life buzzer) – St John” in the statement of participant supports. The Tribunal concluded at [67]: …