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 …

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 …

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 …

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 …

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 …

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 …

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 …

Medical: ‘Just a baby’ app.

Quoted in an ABC News Report (but apparently not yet included on the AMA WA website), the President Dr Mark Duncan-Smith has expressed some concern about an Australian app service called Just a Baby https://www.justababy.com/. The website states that "The sole purpose of the Just a Baby app is to help find other potential people …

Medical: Indemnity insurance.

Clark v Avant Insurance Ltd; Stevens v Avant Insurance Ltd [2022] NSWCA 175 (on Caselaw). The NSW Court of Appeal dismissed appeals in this matter and a related matter, in which plaintiffs who were seeking to obtain compensation from Dr Blackstock (now Mr Blackstock) in respect of breast augmentation procedures sought leave to proceed against …

Abuse: Assessment of damages (NSW).

Mirosevich v Laughlan [2022] NSWSC 1103 (on Caselaw) The Court was required to assess damages in a matter where the plaintiff alleged sexual abuse when aged 11 years by the defendant, who was then in a relationship with her mother. He was later convicted of three counts of sexual assault. He did not file a …