Subpoena: Family law documents

Gris (a pseudonym) v Avila [2019] NSWDC 132 is a judgment in respect of an interlocutory dispute regarding subpoenas issued by the defendant,seeking family law documents from a solicitor and from the Family Court. The subpoenas were issued in the context of a claim under the Compensation to Relatives Act 1897 (NSW), alleging professional negligence against a …

Verifying IVF births involving donated sperm, eggs or embryos: changes to the law in New South Wales

Roger Magnusson describes legal and regulatory changes regarding Assisted Reproductive Technology (NSW) on the Sydney Health Law blog.      

New surgical technique + informed consent

Nigel Poole QC (England) has drawn attention to a recent first instance decision of the England & Wales High Court: Mills v Oxford University Hospitals NHS Trust [2019] EWHC 936 (QB). The defendant NHS Trust make an admission that "in advising the patient of the surgical debulking option, Mr Plaha provided advice regarding the surgical approach, …

End of life patient care

Health Care Complaints Commission v Silberberg [2019] NSWCATOD 56 is of interest for its consideration of professional conduct issues, where a practitioner admitted that her conduct prescribing for end of life patients constituted both unsatisfactory professional conduct and professional misconduct. Following receipt of a complaint in 2016, Anglican Retirement Villages conducted a review of Dr …

ALRC Review into the framework of religious exemptions in anti-discrimination legislation

The Morrison Government has commissioned the Australian Law Reform Commission to undertake a comprehensive review of the framework of religious exemptions in anti-discrimination legislation across Australia. A report has been requested by 10 April 2020. The terms of reference for the review are available online, but include the following: REFER to the Australian Law Reform …

Communications and activities in relation to abortions within access zone

Yesterday the High Court published its reasons for judgment in the matters of Clubb v Edwards; Preston v Avery [2019] HCA 11. It is a long decision and the court seems to have departed from its recent trend towards single judgments or few judgments. However all members of the Court ultimately dismissed the appeals, with …

Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability

Ronald Sackville AO QC has been appointed the Chair of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. He will be assisted by Barbara Bennett PSM, Rhonda Galbally AC, Andrea Mason OAM Alistair McEwin and John Ryan AM. People with disability is defined to mean people with any kind of impairment, whether existing at birth …

Assessment of damages: Breast surgery

Turner v Blackstock [2019] NSWDC 102 provides an assessment of damages against a medical practitioner for adverse result from breast augmentation surgery, following entry of a default judgment. Dr Stapleton’s opinion was critical of the defendant for "the unprofessional manner in which he undertook the surgery, not having qualified as a surgeon. He was of …

Pseudonym orders

Not a medical claim but of interest as an unusual precedent is the matter of Jane Doe v XYZ [2019] VSC 176, where the defendant successfully sought a pseudonym order in respect of all court documents. The plaintiff brought a claim for trespass to the person in respect of a consensual sexual relationship. She alleged …

Expert witness, contempt + penalty

As previously mentioned, Liverpool Victoria Insurance Company Ltd v Khan & Ors [2018] EWHC 2581 (QB) followed an action for damages for personal injury brought by a taxi driver, arising from a 2011 road traffic accident. The claimant insurance company later sought committal for contempt of court on the part of four persons including a solicitor …