Lucas v State of New South Wales [2024] NSWSC 600 (Link to Caselaw). Along with an application under the Felons (Civil Proceedings) Act 1981 (NSW) which was granted, was an application for an order under s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW) which was refused. The applicant was serving a … Continue reading Abuse: Pseudonym application refused.
Books: New edition of Australian Medical Liability.
The fifth edition of our book Australian Medical Liability is due for release shortly. It is available for pre-order on the LexisNexis website linked here. This edition updates the law, notably in relation to the peer opinion defence following the NSW Court of Appeal decision in Dean v Pope. Cases decided from 2021 onwards have … Continue reading Books: New edition of Australian Medical Liability.
Medical: Cervical screening by GP.
Kennedy v Malhotra [2024] NSWSC 576 (Link to AustLII) The plaintiff alleged that her general practitioner failed to advise or inform her of the need for cervical screening, and that as a result of a delay in such screening she developed cervical cancer. At the time of the filing of the statement of claim and … Continue reading Medical: Cervical screening by GP.
Medical: Total knee replacement & District Court jurisdictional change.
Roberts v Shimmin [2024] NSWDC 171 (link to Caselaw) This claim, although determined in the NSW District Court, applied the law of Victoria where the initial knee replacement surgery was performed. The Court addressed liability issues (including s 59 Wrongs Act 1958 (Vic) at [236] - [245]) and damages. The decision is also of interest … Continue reading Medical: Total knee replacement & District Court jurisdictional change.
Abuse: Application to set aside deed of release (ACT)
Xavier (a pseudonym) v Trustees of the Marist Brothers [2024] ACTSC 141 (Link to JADE) On the plaintiff's application in this matter, a Deed of Release between the plaintiff and the defendant was set aside. The defendant conceded that, in circumstances where potentially relevant documents (potentially of importance both in establishing the defendant’s liability and … Continue reading Abuse: Application to set aside deed of release (ACT)
Abuse: Redress scheme reforms
The National Redress Scheme newsletter reports that on Thursday 4 April 2024, most of the measures in the National Redress Scheme for Institutional Child Sexual Abuse Amendment Act 2024 (Cth) came into effect. The measures: remove the restriction on people applying from gaol; refine the special assessment process for people with serious criminal convictions; allow applicants to … Continue reading Abuse: Redress scheme reforms
Medical: Another limitation extension (Qld).
Desmond-Bryzak v Lander [2024] QSC 72 (Link to Jade) The claimant was granted a limitation extension under Queensland law (Limitation of Actions Act 1974 (Qld)), in the context of a claim arising from pelvic mesh implant surgery. In Queensland, a negligence action, in which damages for personal injury are claimed, cannot be brought after the expiration … Continue reading Medical: Another limitation extension (Qld).
Abuse: Application to set aside Deed (NSW)
EXV v Uniting Church in Australia Property Trust (NSW) [2024] NSWSC 490 (Link to Caselaw) This appears to have been the first NSW decision on an application to set aside a deed of settlement following a mediation in respect of an abuse claim, requiring the court to consider whether it was just and reasonable to … Continue reading Abuse: Application to set aside Deed (NSW)
Medical: Chiropractic treatment (WA).
Boothman v George [2024] WADC 26. Link to Jade. This medical negligence matter arose from treatment provided by chiropractor. The court was required to consider breach of duty, causation and damages. The plaintiff obtained a judgment against the defendant. The plaintiff alleged that the defendant's treatment of his back pain caused a central right disc … Continue reading Medical: Chiropractic treatment (WA).
Abuse: Older & younger child at special school.
RJ bht RPC v State of New South Wales [2024] NSWDC 128 (Link to Caselaw). The plaintiff, who was then 13 years of age, was sexually assaulted by a 17-year-old student while he was using one of the school toilets. He claimed against the State, as operator of a school offering a special support unit providing teaching and other services for about 60 children who have disabilities … Continue reading Abuse: Older & younger child at special school.
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