in LexBlog Australia › Bill Madden
in vLex Australia

55 results for LexBlog Australia › Bill Madden

  • vLex Rating
  • Conduct: Plagiarism by medical practitioner.

    The Barnold Law blog has drawn attention to a decision from last year, Medical Board of Australia v Soh (Review and Regulation) [2019] VCAT 1549 (available on AUSTLII). Based on agreed facts, the Tribunal found that the doctor’s conduct breached principles of the Good Medical Practice: A Code of Conduct for Doctors in Australia March 2014 (clause...

  • High Court appointments: Australia.

    The Federal Government has announced Jacqueline Gleeson and Simon Steward will become the High Court’s newest justices, ahead of the retirement of two sitting justices in the coming months. Justice Gleeson is currently in the Federal Court in Sydney, while Justice Steward is on the Federal Court bench in Melbourne. ABC News.

  • 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)....

  • 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 is not yet available on Austlii.

  • David Ipp

    The Sydney Morning Herald has reported the passing of David Ipp QC, formerly a Judge of the Supreme Court of Western Australia, a Justice of the New South Wales Court of Appeal and a Commissioner of the NSW Independent Commission against Corruption. He was also of course the chair of the panel which produced the...

  • Western Australia – A Requiem for the ‘Peer Professional’ Test at a Time of Uncertainty.

    In the Torts Law Journal (forthcoming) abstract for his article Marco Rizzi writes: In late September 2019, the Court of Appeal of Western Australia, comprising Quinlan CJ, Murphy and Pritchard JJA, handed down a significant judgment that sheds a measure of light over some intricate aspects of medical liability in WA. The Civil Liability Act...

  • Advance copy: Good Medical Practice – Code of Conduct for Doctors in Australia

    The Medical Board / AHPRA website now has available an advance copy of the new Good Medical Practice Code of Conduct for Doctors in Australia, which will come into effect on 1 October 2020. On the website page it appears immediately after the current Code, which remains in effect until 30 September 2020. A media...

  • 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...

  • Who publishes where?

    Writing in the University of Western Australia Law Review, Ian Murray and Natalie Skead have undertaken an interestig review of who publishes in Australia’s top law journals and which Australians publish in top global journals. The article is interesting for its identification of the top ranked journals as well as the leading authors. There is...

  • Sexual misconduct by health professionals in Australia.

    Published with open accesss in the Medical Journal of Australia on 27 July 2020: Sexual misconduct by health professionals in Australia, 2011–2016: a retrospective analysis of notifications to health regulators, by Marie Bismark & others assesses the numbers of notifications to health regulators alleging sexual misconduct by registered health practitioners in Australia, by health care...

  • Changes in regulatory practice since Independent review of the use of chaperones.

    The Australian Health Practitioner Regulation Agency (Ahpra) and the Medical Board of Australia (MBA) commissioned the author of the 2017 Independent review of the use of chaperones to protect patients in Australia, Professor Ron Paterson, to assess what had been achieved and identify what more could be done to improve their handling of sexual misconduct...

  • Pharmacists subject to complaints.

    Pharmacists subject to complaints: a national study of pharmacists reported to health regulators in Australia, by Taouk, Bismark & Hattingh, builds up earlier work done through the Centre for Health Policy at the University of Melbourne in health & legal profession complaints analysis. This study noted that fewer than 1% of pharmacists were the subject...

  • Damages assessment: Ear surgery

    In the matter of Vlaming v von Marburg [2020] VSC 340 (available on JADE), damages were assessed in an action claiming medical negligence in the performance of ear surgery. The defendant did not take part in the hearing, perhaps as the Court had received an email from  RSM Australia Partners who advised that the defendant...

  • Audiovisual recording of examination of medical examination.

    An article written by Stanley Drummond drew my attention to an interlocutory decision of the Western Australian Supreme Court from earlier this year, Longbottom v Nulis Nominees (Australia) Ltd [2020] WASC 21 (available on AUSTLII). The plaintiff sought damages based on an alleged psychiatric illness. The plaintiff had no objection to submitting to a medical...

  • COVID-19 and Medical Litigation.

    COVID-19 and medical litigation – More than just the obvious is an advance copy article by Professor Anne-Maree Kelly. The author notes that changes to the health system due to COVID-19 have been wide ranging and not limited to suspected or confirmed cases. Some treatments recognised as the standard of care have been curtailed. Patients...

  • Litigaion funding inquiry (Cth)

    The NSW Law Society has drawn attention to the recent reference to the Parliamentary Joint Committee on Corporations and Financial Services for inquiry and report by 7 December 2020. The terms of reference are: Whether the present level of regulation applying to Australia’s growing class action industry is impacting fair and equitable outcomes for plaintiffs,...

  • COVID-19: Law of Australia online text.

      COVID-19 and the Law of Australia, written by Emrys Nekvapil, Maya Narayan and Stephanie Brenker, is an online textbook, organised by subject area, providing guidance on the laws made by the legislature, executive and judiciary (and administrative tribunals) of the Commonwealth and each State and Territory in response to the COVID-19 pandemic. Chapter 1 provides an overview of the text and...

  • NDIS: Federal Court – Sex therapy as a reasonable and necessary support.

    Appeals to the Federal Court of Australia arising from NDIS plan disputes remain quite rare, but reasons for judgment were published in one such appeal this week. Thank you to Francesca Davis for drawing it to my attention. The mattter is that of National Disability Insurance Agency v WRMF [2020] FCAFC 79 (available on JADE). The...

  • COVID-19: Conduct of litigation + the administration of justice.

    Almost a month old now, but perhaps the succinct comments of PerramJ in Capic v Ford Motor Company of Australia Limited (Adjournment) [2020] FCA 486 (available on AUSTLII) in the context of an adjournment application for a complex civil trial remain the clearest statement of the overarching concerns of the administration of justice: [23] If I...

  • Damages: Disappointment and distress for breach of contract not personal injury.

    In Moore v Scenic Tours Pty Ltd [2020] HCA 17 (available on AUSTLII) the High Court of Australia unanimously allowed an appeal from the New South Wales Court of Appeal, holding that damages for disappointment and distress for breach of a holiday cruise tour contract were not precluded as damages for “personal injury” by s 16(1) of the Civil...

  • ACSQHC – Covid 19 resources list.

    In Australia and across the global community, organisations have gathered evidence and/or developed advice on the management of COVID-19. A list of links to COVID-19 guidance is now availlable from the Australian Commission on Safety & Quality in Health Care and will be updated regularly. This list is prepared to support the delivery of safe...

  • HCA: Australian Consumer Law decision

    Today the High Court of Australia published its judgment in Moore v Scenic Tours Pty Limited [2020] HCA 17 (available on AUSTLII) a matter which concerned the interpretation of the Australian Consumer Law and its interplay with civil liability legislation (in particular the Civil Liability Act 2002 (NSW). The Court published a summary, as follows: Today...

  • Sperm harvest decision: Western Australia

    With thanks to Phil Gleeson for noting the matter RE SECTION 22 OF THE HUMAN TISSUE AND TRANSPLANT ACT 1982 (WA); EX PARTE H [2020] WASC 99, available on the eCourts Portal. This was an ex parte application under O 52 r 2 and r 3 of the Rules of the Supreme Court 1971 (WA) and...

  • Australia: COVID-19 legal resources

    Dominic Villa SC has helpfully established a website to collect COVID-19 related legal  resources. It has limited content at this point but will include Commonwealth, NSW and international materials. http://covid-19law.simplesite.com/

  • Telehealth options explained (Australia)

    Centaine Snoswell & Anthony Smith has written a succinct piece for the Conversation, including a list of those eligible for the Medicare supported service. Want to Skype your GP to avoid exposure to the coronavirus? Here’s what you need to know about the new telehealth option.

  • Legal management of the novel Coronavirus (2019-nCoV) in Australia

    In NSW, “Novel Coronavirus 2019” was scheduled under the Public Health Act 2010 (NSW) by executive order on 21 January.  As a result, a number of statutory obligations and public health powers thereafter apply to identified cases, and to those who have come in contact with a case. This and other legal framework issues are addressed in a...

  • Appeal: Refusal to reinstate psychologist

    Vito Zepinic v Health Care Complaints Commission [2020] NSWSC 13 (available on Caselaw) saw the NSW Supreme Court refuse an appeal brought by Mr Zepinic, from an earlier decision of the NSW Civil and Administrative Tribunal. The matter has a complex background. Dr Zepinic was born in the former Yugoslavia in 1953. He emigrated to...

  • Medical practitioner: Sexual relationship with patient

    With thanks to Phil Gleeson for noting the recent decision of Medical Board of Australia v McCarthy [2020] WASAT 12 (available on AustLII). The disciplinary proceedings concerned a respondent who had general and specialist registration as a physician and psychiatrist, but practised as a psychiatrist. The catchwords show that the complaint encompassed allegations of a...

  • Medical practitioner: Sexual relationship with patient

    With thanks to Phil Gleeson for noting the recent decision of Medical Board of Australia v McCarthy [2020] WASAT 12 (available on AustLII). The disciplinary proceedings concerned a respondent who had general and specialist registration as a physician and psychiatrist, but practised as a psychiatrist. The catchwords show that the complaint encompassed allegations of a...

  • Complaint risk among mental health practitioners compared with physical health practitioners.

    Recently published in BMJ Open was a paper by Benjamin Veness and others, entitled Complaint risk among mental health practitioners compared with physical health practitioners: a retrospective cohort study of complaints to health regulators in Australia. The paper sought to understand complaint risk among mental health practitioners compared with physical health practitioners by means of...

  • Request a trial to view additional results