Pregnancy termination for disability & discrimination (UK).

Crowter & Ors, R (On the Application Of) v Secretary of State for Health And Social Care [2021] EWHC 2536 (Admin), available on BAILII, saw an application by Ms Crowther and others seeking a declaration of incompatibility under section 4 of the Human Rights Act 1998 (“HRA”) in respect of section 1(1)(d) of the Abortion … Continue reading Pregnancy termination for disability & discrimination (UK).

NDIS: Plan nominees and Guardians.

Lamb and National Disability Insurance Agency [2021] AATA 3373 (on JADE) is of interest for its discussion of the Agency's decision to cancel the appointment of plan nominee, following the appointment of a guardian by QCAT. The plan nominee had applied to be appointed as guardian but QCAT appointed the Public Guardian. The only question for … Continue reading NDIS: Plan nominees and Guardians.

Gender dysphoria: Bell v Tavistock appeal.

Yesterday 17 September 2021 saw publication of the England and Wales Court of Appeal reasons for judgment in the matter of Bell & Another v The Tavistock and Portman NHS Foundation Trust & others [2021] EWCA Civ 1363 (available online). The Court helpfully published a summary of the decision, which allowed the appeal by Tavistock. … Continue reading Gender dysphoria: Bell v Tavistock appeal.

Abuse: Allegation of historic sexual assault.

A v B [2021] NSWDC 491 (on Caselaw) required the Court to consider an allegation of sexual assault in 1972, when the plaintiff was aged 16 and the defendant aged 19. The defendant denied that there was any battery and asserted that any conduct of a sexual nature with the plaintiff was consensual. The circumstances … Continue reading Abuse: Allegation of historic sexual assault.

How does Australia’s COVID vaccine injury scheme compare to compensation programs abroad?

"The Commonwealth-funded No Fault COVID-19 Indemnity Scheme aims to compensate for medical expenses and loss of income resulting from an adverse reaction following vaccination. Many countries have long-running vaccine compensation schemes – some, including those in those in Britain and the United States, appear not to be adapting to the challenges presented by COVID-19." A … Continue reading How does Australia’s COVID vaccine injury scheme compare to compensation programs abroad?

Wrongful birth damages (Western Australia)

With thanks to Phil Gleeson for drawing my attention to O'Loughlin v McCallum [2021] WADC 77 (available on Austlii), a wrongful birth claim in which breach of duty was admitted in respect of a failed sterilisation procedure. The Court was required to assess damages. The allowances were as follows: General damages $20,000. It is noteworthy … Continue reading Wrongful birth damages (Western Australia)

Covid vaccine claims site open.

The Australian Goverment COVID 19 claims scheme website is now open: https://www.health.gov.au/initiatives-and-programs/covid-19-vaccines/covid-19-vaccine-claims-scheme Claims registratrion is via this page: https://www.health.gov.au/initiatives-and-programs/covid-19-vaccines/register-interest-in-claims-scheme The webpage says: The scheme will cover the costs of injuries $5,000 and above due to administration of a TGA approved COVID-19 vaccine or due to an adverse event that is considered to be caused by … Continue reading Covid vaccine claims site open.

Parens patriae — Child requiring heart surgery.

The Sydney Children’s Hospitals Network v AA [2021] NSWSC 1123 (on Caselaw) saw the Court consider an application brought by the plaintiff hospital because AA's mother, who is the sole person responsible for AA, is a member of the religious group known as the Jehovah's Witnesses. Adherents of that faith refuse to receive, or refuse to permit those for whom they care, … Continue reading Parens patriae — Child requiring heart surgery.