NDIS: Morbid obesity not an access criteria impairment

Schwass and National Disability Insurance Agency [2019] AATA 28 concerned an application for review of a plan, by a person suffering from morbid obesity and osteoarthritis. The NDIA had determined that he was ineligible and ultimately the Tribunal upheld that decision. At [37] the Tribunal held: There is no evidence that a diagnosis of morbid …

NDIS: Private car expenses for some travel

Ewin and National Disability Insurance Agency [2018] AATA 4726 set aside a decision of a delegate of the CEO of the National Disability Insurance Agency, allowing for the inclusion of some private travel expenses for a person who had incomplete paraplegia but was able to drive independently. As public transport was unavailable or impractical on …

Royal Commission into Mental Health (Victoria)

The Victorian Government is establishing a Royal Commission into Mental Health – the first of its kind in Australia. Input has been requested (by 27 January  2019) to develop the terms of reference for the Royal Commission into Mental Health. The Royal Commission into Mental Health will provide recommendations to the Victorian Government within two …

Vicarious liability + intentional acts: Fraud

The United Kingdom Supreme Court is to revisit vicarious liability issues, with a bench of seven. The hearing is set down for 13 & 14 February 2018: Frederick and others (Appellants) v Positive Solutions (Financial Services) Ltd (Respondent). The Appellants appeal against a decision granting summary judgment to the Respondent, a company providing financial advice, …

NDIS – Fibromyalgia + chronic pain syndrome

McFarlane and National Disability Insurance Agency [2018] AATA 4727 saw the Tribunal affirm an NDIA decision which came before it for review. The Tribunal found that fibromyalgia is an impairment that is consistent with the definition of impairment and constituted a disability under the NDIS Act. However the Tribunal, noting some gaps in the treatment history, was not …

Judicial discretion: Exclusion of late expert evidence

Ralston & Collins v Chaffey & Ors [2018] NSWSC 1994 is an interlocutory decision of Davies J, arising from the late service of expert evidence by the plaintiffs. The plaintiffs claim is one for wrongful birth damages, alleging negligence in screening for Down syndrome in about 2004. The courts consideration of the application of late service …