The reception, quality and evaluation of scientific evidence in Australian courts: AAS/AAL.

On 19 August 2020 the Australian Academy of Science and Australian Academy of Law Joint Symposium was held, addressing The reception, quality and evaluation of scientific evidence in Australian courts. The symposium was recorded and is available on the Vimeo platform. It runs for about 90 minutes. The Reception, Quality and Evaluation of Scientific Evidence …

COVID-19 and medical assessments.

Kenny v Catholic Diocese Of Maitland-Newcastle [2020] NSWDC 481 (on Caselaw) saw the Court called upon to consider an application by the defendant to have the plaintiff submit to neuropsychological examination and some logistical issues because of COVID-19 border restrictions. At [19] - [20] the Court said: The upshot of this is that the plaintiff, …

Abuse: Application to set aside settlement agreements and for leave to commence an action for a child sexual abuse cause of action.

WPM v Trustees of the Christian Brothers & ors [2020] WADC 112 (available on eCourts) saw the Court called upon to consider an Application to set aside settlement agreements and for leave to commence an action for a child sexual abuse cause of action on the basis that it was 'just and reasonable to do …

ACCC notice re HealthEngine: Patient information and reviews.

On 20 August 2020 the Australian Competition and Consumer Commission published a notice in the following terms (extracts appear below) regarding sharing of patient personal information to private health insurance brokers and publishing misleading patient reviews and ratings. The Federal Court decision is Australian Competition and Comsumer Commission v HealthEngine Pty Limited [2020] FCA 1203 …

Parens patriae: Authority for the confinement and medical treatment of a child.

Re Kara [2020] NSWSC 1083 (on Caselaw) concerned an Aboriginal child under the parental responsibility of the Minister for all aspects except culture and religion, with an extensive history of drug use, sexual abuse and exploitation as well as mental health problems. The child had unsuccessfully attempted several voluntary programs to treat her drug abuse …

Leave to proceed against medical insurer.

Tara Burnie v Dr Leslie Blackstock [2020] NSWSC 452 (on Caselaw) saw the applicant, being unable to locate the proposed defendant doctor, successfully seek leave to proceed against a medical indemnity insurer. The Court was satisfied that there was an arguable case of liability against the defendant and an arguable case that the insurer’s policy …

Conduct + social media: Appeal from immediate action order.

Ellis v Medical Board of Australia [2020] VCAT 862 (on AUSTLII) saw an unsuccessful appeal by a medical practitioner against a decision of the Medical Board of Australia to suspend his registration. The decision is of interest mainly because the notification to the Medical Board, made by the practice manager of the clinic in Melbourne …