Overseas surrogacy intersects with Australian (Queensland) law

A recent decision of the Family Court of Australia highlights the complex issues associated with overseas commercial surrogacy arrangements and the legal framework in most Australian jurisdictions. The matter of Dudley & Chedi considered parentage issues and orders for residence and parental responsibility. It also resulted in a referral for consideration of a prosecution under …

Mandatory reporting – A helpful resource

Ten guidelines on mandatory reporting have been helpfully collected on a webpage provided by the NSW Health Care Complaints Commission. The guidelines are those published by the various health practitioner boards, including the Medical Board, Nursing & Midwifery, Psychology. The guidelines and some background information on mandatory reporting are collected online here: http://www.hccc.nsw.gov.au/Information/Information-For-Health-Providers/Manda...  

TGA review report released

The Parliamentary Secretary has approved the release of the Report to improve the transparency of the Therapeutic Goods Administration to the public. The Government is considering the recommendations of the Review and will respond to the Report following that consideration. More information and the report is available online here: http://www.tga.gov.au/newsroom/review-tga-transparency-1101.htm

Harris v Bellemore: NSW Court of Appeal decision

The NSW Court of Appeal has handed down its decision on a medical negligence matter. The appeal focused on whether the patient's case included a clain in relation to a particular deformity; and whether the primary judge erred in finding that the patient's psychiatric condition was not caused by the negligent treatment by the medical …

New privacy laws in Australia?

From the Sydney Morning Herald, 21 July 2011 Article by Tim Dick   AUSTRALIANS are set to win the right to sue for serious breaches of privacy after the government decided to act on concerns about the phone hacking scandal in Britain. The move comes as the Prime Minister said News Corp's local division had …

A new hand surgery case from South Australia: Coombe v Katsaros

Coombe v Katsaros [2011] SADC 93 An action in negligence, regarding a plaintiff who suffered flexion contractures of little fingers due to Dupuytren's disease. Fir the purpose of releasing the contractures, the defendant performed separate operations on left and right hands. Following those operations plaintiff developed pain in his hands and flexion contracutures of his …

An unusual case, alleging fraud in performing dental treatment

In Dean v Phung [2011] NSWSC 653 the patient unsuccessfully alleged that the defendant dentist deliberately performed damaging procedures on healthy teeth solely for financial gain and fraudulently represented to the patient that the procedures were reasonably necessary in order to obtain his consent to them. If the argument made by the patient had succeeded, …

Draft National Framework for Advance Care Directives in Australia

A draft National Framework for Advance Care Directives has now been produced by a Working Group of the Clinical, Technical and Ethical Principal Committee of the Australian Health Ministers' Advisory Council. The Working Group is now seeking comments from stakeholders. The Working Group has engaged HWL Ebsworth to conduct the consultation and report on its …