Urogynaecological mesh: Register of Therapeutic Goods

TFS Manufacturing Pty Ltd and Minister for Health [2018] AATA 4456  saw the applicant manufacturer seek to overturn a Department of Health delegate decision such that the registration of the urogynaecological mesh medical device in the Register of Therapeutic Goods was cancelled. The manufacturer's application was unsuccessful. The Tribunal decided to affirm the decision of the Secretary of …

Cerebral palsy incidence data

The Australian Cerebral Palsy Register (ACPR) was established in 2008 as a research database to facilitate the study of the distribution, frequency and severity of cerebral palsy (CP); the causes and determinants of CP; the effectiveness of prevention strategies and to help plan and evaluate services. The key findings of the most recent report included: …

Genetic testing of plaintiff but not of mother

Wells by his tutor McGuffog v Hunter New England Local Health District [2018] NSWSC 1877 saw an application by the defendant for genetic testing of the plaintiff and the mother of the plaintiff. The background, unsurprisingly, was a birth trauma claim alleging hypoxic brain injury. At [106], the Defendant had adduced sufficient evidence to satisfy …

Review of decision of registrar directing plaintiff to answer interrogatories

Hickson v Mid North Coast Local Health District [2018] NSWSC 1826 saw an application for review of decision of registrar directing plaintiff to answer interrogatories (or to provide witness statements). The interrogatories were directed to limitation period issues, however the defendant had not pleaded a limitation period defence. The court held at [32] - [33]: …

Cosmetic surgery – Representative proceedings

Rickhuss v The Cosmetic Institute Pty Ltd [2018] NSWSC 1848 saw an unsuccessful application by defendants for an order that the proceedings not continue as a representative action under Part 10 of the Civil Procedure Act 2005 (NSW). The Court was unpersuaded that it would be in the interests of justice for an order to be made that …

Medical treatment, religious advice + vicarious liability

"A doctor who uses, or abuses, his position to inculcate his patients with his religious beliefs is acting unprofessionally and deserves to be struck off. The issue in this case is whether such a doctor is also tortiously liable to his patient where the patient is occasioned harm and whether, if he is, liability transfers …