Medical: Preliminary discovery (NSW).

Back v Allity Pty Ltd t/as Calare Aged Care [2022] NSWDC 424 (on Caselaw). The applicant sought an order for preliminary discovery of medical records in respect of his late father. The summons was issued because the applicant’s solicitors were in the process of investigating a potential claim for damages for an alleged breach of duty of … Continue reading Medical: Preliminary discovery (NSW).

Medical: Non-registered health practitioners (NSW).

The Public Health Regulation 2022 NSW (the Regulation) commenced on 1 September 2022. The Regulation carries over many of the provisions in the Public Health Regulation 2012 while also including a range of new provisions, summarised here. Of particular interest is a Code of Conduct for unregistered health practitioners and health organisations: see here. The … Continue reading Medical: Non-registered health practitioners (NSW).

Conduct: Dental practitioner + Covid-19 failure to quarantine.

Dental Board of Australia v Nairn [2022] WASAT 86 (on JADE). With thanks to Enore Panetta for noting this matter., where a dental practitioner had been convicted of offences under the Emergency Management Act 2005 (WA) for failing to self quarantine during the Covid-19 pandemic. That failure appears to have followed periods of interstate travel … Continue reading Conduct: Dental practitioner + Covid-19 failure to quarantine.

Abuse: Redress scheme allegations + discovery / interrogation.

Jagoe v Trustees of the Marist Brothers & Anor [2022] VSC 563 (on JADE), This interlocutory matter arose in relation to discovery / interrogatories sought by the claimant in relation to information about persons who had claimed to have been sexually abused by a particular person. The first defendant, having initially provided some information in … Continue reading Abuse: Redress scheme allegations + discovery / interrogation.

Special leave: Vicarious liability & sufficient connection to employment.

CCIG Investments Pty Ltd v Schokman [2022] HCATrans 156 (on JADE). On 16 September 2022 the High Court (Keane, Edelman and steward JJ) granted special leave in this matter, on the application of an employer. Mr Walker, for the applicant employer, referred to "the unfinished business concerning vicarious liability in this Court’s decision in Prince Alfred … Continue reading Special leave: Vicarious liability & sufficient connection to employment.

Abuse: Indemnity costs applications following settlements.

With thanks to Charles Harrison for drawing attention to this decision. Valentini (a pseudonym) v Trustees of the Marist Brothers (Costs) [2022] VSC 550 (on Austlii). The plaintiff in this matter and four other matters (all of which settled soon before hearing) sought orders for costs on an indemnity basis on two grounds. Firstly, that … Continue reading Abuse: Indemnity costs applications following settlements.

Medical: Additional OT assessment.

Moss v Coghill [2022] NSWSC 1224 (on AUSTLII). This interlocutory application by a defendant sought orders that the plaintiff submit to a medical examination by a second occupational therapist so as to update the occupational therapy evidence, as after examination by the first occupational therapist the plaintiff had relocated to Canada. The Court made such … Continue reading Medical: Additional OT assessment.