Proposed change of financial manager

LP v P & Ors [2018] NSWSC 1168 saw an application by mother of protected person that the financial manager be removed and that a new nominated financial manager be appointed. The Court, in refusing the application, addressed the principles governing change of a financial manager and noted that the paramount consideration remains welfare, and …

NDIS: Further treatment may be available

Sheldon and National Disability Insurance Agency [2018] AATA 2560 is another Tribunal decision considering whether the applicant meets the disability requirements set out in the NDIS Act to participate in the NDIS, in the context of doubt as to the permanence of the applicant's medical condition absent recent medical review to determine treatment options. Although the …

Succession Act will for child under the parental responsibility of the Minister for Family and Community Services

Secretary, Department of Family and Community Services v M and F [2018] NSWSC 1179 provides a useful example of factors considered by the court in the making of a statutory will for a child, who is under the parental responsibility of the Minister. By reason of earlier birth trauma compensation, the child held assets of …

Withdrawal of clinically assisted nutrition and hydration

The question that arose in this appeal to the UK Supreme Court was whether a court order must always be obtained before clinically assisted nutrition and hydration, which is keeping alive a person with a prolonged disorder of consciousness, can be withdrawn, or whether, in some circumstances, this can occur without court involvement: An NHS Trust …

Website purporting chiropractic treatment can cure, treat and/or prevent various forms of cancer

Health Care Complaints Commission v Limboro [2018] NSWCATOD 117 saw orders made such that the  practitioner’s registration as a chiropractor was cancelled pursuant to s 149C(1)(c) and (d) of the National Law, without review for a period of 2 years. On 15 February 2017 the practitioner pled guilty in the Local Court to 11 counts of …

Vicarious liability: UK Supreme Court decision on employer duty to employee

The UK Supreme Court has today handed down its decision in James-Bowen v Commissioner of Police of the Metropolis [2018] UKSC 40. The Court of Appeal had held that it was arguable that the Commissioner owed a duty of care to the officers to safeguard their economic and reputational interests and that this extended to …

Liability for sexual assaults by a ‘company doctor’

The reasons for judgment of the England and Wales Court of Appeal were published on 17 July 2018, in a matter which had previously gained some attention for the trial courts consideration of whether the defendant (a bank) was vicariously liable for any assaults that any claimant may prove to have been perpetrated by Dr …