Re-excision by general practitioner

A medical negligence claim,  somewhat uncommonly heard at the Magisitrates Court level, was that of Leonard v Kulatilake [2019] ACTMC 9. The claimant succeeded in her claim against a general practitioner based on a lack of reasonable care and skill in providing advice and treatment in respect of the re-excision of a skin condition (mole). …

Option of surgical treatment for calcaneal fractures

Phelan v Melbourne Health [2019] VCC 241 saw an unsuccessful  claim by a self represented plaintiff. Mr Phelan claimed that the defendant failed to inform him of the option of surgical treatment for his calcaneal fractures, and said that, had he been so informed, he would have elected to undergo such surgery to his right …

Reproductive technology and surrogacy laws: Western Australia

A Review of the Western Australian Human Reproductive Technology Act 1991 and the Surrogacy Act 2008 was undertaken by independent reviewer, Associate Professor Sonia Allan and makes a total of 122 recommendations. The report is available online as Part 1 and Part 2. Key recommendations of the report include: Establishment of a government advisory body …

Senate report: Thalidomide

Now available online is the interim report of the Senate Standing Committee on Community Affairs entitled Support for Australia's thalidomide survivors. A series of eight recommendations were made by the Committee, including the following. Unsurprisingly, some recommendations address the role of the NDIS. The facilitation of easier access to Australian Government payments and services. A …

Conduct findings: Close observations in mental health unit

HCCC v Drinkwater; HCCC v Lilly; HCCC v Davies; HCCC v Chan [2019] NSWCATOD 39 is of interest for its consideration of circumstances following the death of a patient in a psychiatric intensive care unit and the requirement of close observations. As noted at [3]: Despite the fact that she was under ‘close observations’ involving …

Chiropractic Board interim policy on spinal manipulation: Children

The Chiropractic Board of Australia (the Board) has set an interim policy on spinal manipulation for infants and young children while an independent review of the practice is carried out by Safer Care Victoria. The interim policy sets out an expectation that chiropractors not use spinal manipulation to treat children under two years of age, pending the …

Representative proceeding: Payment guarantees

With thanks to Roop Sandhu for noting Fernandez & Anor v State of New South Wales & Ors [2019] NSWSC 255,  an interlocutory consideration of whether the threshold requirements in the Civil Procedure Act 2005 (NSW) for constitution of a representative proceeding had been complied with, whether the group members were precisely defined and identified, …

Damages for breach of agreement arising from sexual harassment termination

As noted by Marie Bismark, an unusual piece of litigation arising in Queensland: Maven Dental Group Pty Ltd v S & M England Pty Ltd & Ors [2018] QSC 220. Maven Dental Group acquired a dental practice as a going concern, the agreement for which included a services agreement whereby one of the dentists agreed …

Disability Royal Commission: Draft terms of reference

Mentioned last week on the blog Barnold Law was the publication of the draft Terms of Reference for the Commonwealth Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. The Australian Government has announced a public consultation on the draft terms. Areas of focus What governments, institutions and the community should do …