NSW: Limitation extension application.

Greenfield v Sydney Local Health District t/as Royal Prince Alfred Hospital [2020] NSWSC 1479 (on Caselaw) saw an unsucessful application to extend the time in which to commence proceedings in relation to the Compensation to Relatives Act 1897 (NSW). The applicant's husband had died in 1997 at RPAH. She made a coomplaints to the Health Care Complaints Commission in …

Surgery or radiotherapy for prostate cancer.

In Hamlyn v Stanton (No 3) [2020] NSWDC 632 (on JADE) a urologist performed surgery on patient with prostate cancer, having explained advantages and disadvantages of surgery and also alternative treatment of radiotherapy. However the urologist did not inform the patient of possibility of receiving assessment by a radiation oncologist. As noted at [3], "Mr …

Parens patriae: Hospital seeks authority for surgery on baby + parental consent.

Hospital v Baby M [2020] NSWSC 1481 (available on Caselaw) saw a specialist children's hospital seek orders in the Court’s parens patriae jurisdiction to authorise cardiac and ear nose and throat surgery on a three month old baby girl, “Baby M”, at a time when the baby’s parents had not given their consent.  However before the hearing commenced, the parents changed their position and provided consent. The matter for consideration …

Special leave transcript for the wrongful birth claim: Nouri v Australian Capital Territory.

As mentioned late last week, the High Court of Australia refused an application for special leave to appeal the decision of Nouri v Australian Capital Territory [2020] ACTCA 1 (available on Austlii). The transcript of the oral argument in the leave application is now available: Nouri & Anor v Australian Capital Territory [2020] HCATrans 167 (on Austlii). …

NDIS: Multiple sclerosis, disability pension and the scheme requirements.

Gretton and National Disability Insurance Agency [2020] AATA 4126 (on JADE) is included here for the system differences it highlights. The applicant made an application for NDIS participation on the basis of his multiple sclerosis, having been diagnosed as suffering from the disease in 2004. As a consequence, he is blind or partially blind in the right …

Special leave refused in wrongful birth claim: Nouri v Australian Capital Territory.

The High Court of Australia today refused an application for special leave to appeal the decision of Nouri v Australian Capital Territory [2020] ACTCA 1 (available on Austlii). The appeal and the leave application focused on causation issues. The transcript of the oral argument in the leave application is now available: Nouri & Anor v Australian Capital …