Intentional Conduct and the Operation of the Civil Liability Acts: Unanswered Questions.

A new and very helpful article by Professor Joachim Dietrich is available for download from the University of Queensland Law Journal site. The abstract reads: The Civil Liability Acts place significant limitations and caps on the damages that are recoverable for claims caught by those Acts or relevant parts thereof. Such limitations and preclusions significantly …

Appellate decision: Birth trauma, factual causation and ‘appropriate’ cases.

With thanks to Phil Gleeson for noting the publication of reasons for judgment in East Metropolitan Health Service v Ellis [2020] WASCA 147 (on JADE). There was no challenge to the findings of negligence by the primary judge. The Court, in a single judgment, dismissed an appeal by the Health Service which covered 22 different …

Abuse: Appellate consideration of failed application to set aside settlement.

With thanks to Greg McAlister and also to Associate Professor Tina Cockburn for noting the long awaited appellate judgment in TRG v The Board of Trustees of the Brisbane Grammar School [2020] QCA 190 (on AUSTLII). The litigation arose from allegations of abuse of TRG by a counsellor employed by the School in about 1988. …

Medical negligence: Costs order where the parties failed to comply with an order for informal settlement conference / mediation.

Old v Miniter (No 2) [2020] NSWDC 519 (on Caselaw) followed on from a judgment in a medical negligence claim in which the plaintiff proved breach of duty but failed on causation, following a hearing of 8 days duration. (See Old v Miniter [2020] NSWDC 401.) As noted in the costs judgment at [11], a pre-trial …

Abuse: Application to amend pleadings refused.

PWJ1 v The State of New South Wales [2020] NSWSC 1235 (on Caselaw) is of interest for its attention to the Court's expectations in respect of pleadings, in a matter where plaintiff sought to join two further defendants to an existing claim against the State of New South Wales. The plaintiff claimed that whilst a resident …

Chemotherapy: Timing and perception of peril for mental harm + Omission of initial expert evidence report.

Barlow & Ors v St Vincent's Hospital Sydney Limited [2020] NSWDC 500 (on Caselaw) arose against the background of a claim alleging chemotherapy 'underdosing' of cancer patients. Interlocutory motions requiried consideration by the Court. The relatively short decision contains a lot fact sensitive detail, however the following parts my be of broader interest. Timing of …

Abuse: Subpoenas in respect of documents which had been produced on discovery and later reported in a newspaper.

SL v Catholic Diocese of Lismore [2020] NSWSC 1203 (on Caselaw) arose in circumstances where the defendant had issued subpoenas to give evidence and to produce documents (to two lawyers) and a notice to produce (to a law firm). Those lawyers and the law firm had previosuly represented the plaintiff SL. The subpoenas sought the …

Proposed amendment of pleadings on retrial.

MacQuarrie v Hunter New England Local Health District [2020] NSWSC 1174 (on AUSTLII) required the Court to consider a plaintiff's application to file a Further Amended Statement of Claim (PFASOC), in circumstances were the claim was returned to the Court for a retrial following a dispute at the first trial as to the admissibility of …

Advance copy: Good Medical Practice – Code of Conduct for Doctors in Australia

The Medical Board / AHPRA website now has available an advance copy of the new Good Medical Practice Code of Conduct for Doctors in Australia, which will come into effect on 1 October 2020. On the website page it appears immediately after the current Code, which remains in effect until 30 September 2020. A media …