Medical: Conversion Practices Ban Act 2024 (NSW)

The Conversion Practices Ban Act 2024 (NSW) was assented to on 3 April 2024 but will not commence until 3 April 2025 (see section 2). The Act applies only in relation to acts done or omitted to be done on or after the commencement of the Act. The Act creates an offence (section 5) of …

Medical: Pancreatic cancer causation appeal.

Alrifai v ACT [2024] ACTCA 13 (Link to JADE). At trial, the defendant hospital admitted a failure to exercise reasonable care and skill consisting in the failure of treating clinicians to obtain a surgical opinion at a particular point in time. The appeal court was required to consider whether the primary judge erred in declining …

Medical: 2023 Cosmetic Surgery Guideline validity.

Callan v Medical Board of Australia [2024] NSWSC 336 (link to Caselaw). With thanks to Ada Lim for drawing the decision in this matter to my attention. The following is drawn from the headnote provided by the Court. Background The plaintiffs seek judicial review of a decision of the Medical Board of Australia to issue …

Abuse: National Redress Scheme Amendment Bill 2023 (Cth).

On 20 March 2024, the National Redress Scheme for Institutional Child Sexual Abuse Amendment Bill 2023 passed through the Australian Parliament. The Bill appears to have been assented to on 28 March 2024. An update email from the Redress Scheme identifies the key changes made by the Bill as follows: applicants will be able to provide …

Abuse: Application to set aside deed of release under ACT law.

Walsh (a pseudonym) v Trustees of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn [2024] ACTSC 81. (Link to JADE). This was an application under ACT law to set aside a 2006 deed of release on the basis that it was not a just and reasonable agreement. It required interpretation of the …

Medical: Defendant seeking order for psychiatric examination of Plaintiff.

Najjarin v Goodman [2024] NSWDC 81 (link to CaseLaw) Although arising in the context of a motor vehicle accident claim, this interlocutory matter is of interest as it concerns an application by a defendant for an order pursuant to UCPR pt 23 r 4 that the Plaintiff attend a medico-legal examination with a neuropsychologist. The court noted at …

Books: Mental health law – A practical guide.

The first edition of this book "Mental health law - A practical guide' is written by Yega Muthu and published by Lexis Nexis. The publishers webpage is linked here. The list of chapters appears below: Introduction to the Mental Health Act- comparative assessment of mental health legislations across states and territories The concept of mental …

Medical: Court authorised treatment of child.

H v OL [2024] NSWSC 271 (link to Caselaw). A 14 year old child (OL, first defendant) had been diagnosed with Pre B Acute Lymphoblastic Leukemia also had a number of underlying health conditions. The Parents (joined as second and third defendants) preferred that there be no treatment for the Leukemia and the child be …

Abuse: Stay of proceedings further consideration – High Court dates.

With thanks to Kate Slack for indicating the upcoming High Court dates for oral argument in the matters of Willmot v State of Queensland (7 May 2024) and RC v The Salvation Army (8 May 2024). The written submissions for Willmot are now available on the High Court website. The written submissions for RC are …

Expert witness immunity – Leave to appeal.

Hastwell v Parmegiani [2024] NSWCA 55 (Link to JADE). With thanks to Andy Munro and Roop Sandhu for drawing attention to this novel matter. In proceedings in the Supreme Court, the applicant had sought to sue the respondent psychiatrist for negligence, breach of fiduciary duty and contravention of a consumer guarantee with respect to the …