Bill Madden (LexBlog Australia)

93 results for Bill Madden (LexBlog Australia)

  • High Court appointment.

    Federal Attorney-General Mark Dreyfus announced the appointment of Justice Jayne Jagot to the High Court bench, replacing the retiring Justice Patrick Keane. Justice Jagot has been serving on the Federal Court since 2008, and before that was a judge of the New South Wales Land and Environment Court. When she takes her place on the...

  • Conduct: Dental practitioner + Covid-19 failure to quarantine.

    Dental Board of Australia v Nairn [2022] WASAT 86 (on JADE). With thanks to Enore Panetta for noting this matter., where a dental practitioner had been convicted of offences under the Emergency Management Act 2005 (WA) for failing to self quarantine during the Covid-19 pandemic. That failure appears to have followed periods of interstate travel...

  • Medical: Uber Health transport.

    This is not intended as an advertisement. It is interesting to note however the proposed launch of Uber Health in Australia. The service appears aimed at health professions who wish to provide access to care for those who need it by requesting efficient transportation and coordinating same-day deliveries using the Uber Health dashboard. The Sydney Morning...

  • Constitutional (section 109) challenge to NSW laws requiring vaccination of health workers.

    Kikuyu v Hazzard (No 2) [2022] FCA 812 (on Federal Court of Australia) The applicant sought declarations that certain public health orders made by the first respondent (Minister), and a determination made by the second respondent (Secretary), are invalid. The sole ground advanced was that the State provisions authorising those instruments are inconsistent with Part 2 of Chapter 8 of the...

  • Conduct: Online posting of images and messages.

    Medical Board of Australia v Lee (Review and Regulation) [2022] VCAT 667 (on AUSTLII). A medical practitioner has had his registration cancelled for conduct that was ‘outrageous’ and ‘far beyond the standards expected’ of the profession. Dr Lee admitted to making social media posts that were ‘utterly unacceptable’ and agreed that his conduct amounted to...

  • Knowles v Commonwealth: Covid measures.

    Knowles v Commonwealth of Australia [2022] FCA 741 (on AUSTLII) The pleadings in this matter alleged the invalidity of certain measures relating to Covid restrictions. The respondents (being the Commonwealth, the State of NSW, the State of Victoria and others successfully sought to have the claim struck out. The respondents discharged their burden of proving...

  • Knowles v Commonwealth: Covid measures.

    Knowles v Commonwealth of Australia [2022] FCA 741 (on AUSTLII) The pleadings in this matter alleged the invalidity of certain measures relating to Covid restrictions. The respondents (being the Commonwealth, the State of NSW, the State of Victoria and others successfully sought to have the claim struck out. The respondents discharged their burden of proving...

  • Abuse: Insurance indemnity dispute.

    QBE Insurance (Australia) Limited v BB & Anor [2022] WASCA 61 (on JADE). The Court of Appeal (WA) considered an dismissed an appeal from an insurer, QBE, to hold it liable to indemnify a College Council in respect of a claim made against the College by a student BB. The policy governing QBE’s liability to...

  • Conduct: Immediate action and public interest revisited.

    Following attention to this issue in NSW (under s 150 of the National Law in that jurisdiction), Lee v Medical Board of Australia [2022] WASAT 28 (on AUSTLII) focuses on similar issues under the Western Australian legislation (section 156). In the context of charges of domestic violence, the Tribunal considered the scope of public interest...

  • Conduct: Immediate action and public interest revisited.

    Following attention to this issue in NSW (under s 150 of the National Law in that jurisdiction), Lee v Medical Board of Australia [2022] WASAT 28 (on AUSTLII) focuses on similar issues under the Western Australian legislation (section 156). In the context of charges of domestic violence, the Tribunal considered the scope of public interest...

  • Defamation: Chelmsford appeal.

    Herron v HarperCollins Publishers Australia Pty Ltd [2022] FCAFC 68 (on AUSTLII). Conducted over two years from 1988-1990, the Royal Commission into Mental Health Services, otherwise known as the Chelmsford Royal Commission, examined mental health services in New South Wales. The commission, chaired by Justice John Slattery, specifically focused on the practices of the Chelmsford Private Hospital.

  • Conduct: Optometrist – Duration of disqualification.

    It is not common to see a conduct matter find its way as far as a State appellate court, but that was the case in South Australia where a conduct matter came before the South Australian Court of Appeal. The issue was the period of disqualification imposed on an optometrist. Bhoola v Optometry Board of...

  • Causation: UWA Law Review special edition.

    The University of Western Australia Law Review has just published a special edition on causation in the law. (2022) 49 UWALR 1. This is the link. https://www.able.uwa.edu.au/centres/uwalr/issues/2022-volume-49,-issue-1 The 15 articles include discussions of: Decision causation (with an article by Henry Cooney on Causation and Contributory Negligence). Causation, science and the law (including an...

  • High Court: Vicarious liability.

    Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 (on AUSTLII). ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 (on AUSTLII). The first two decisions of the High Court for 2022 focused on determining whether certain individuals were employees or contractors under the Fair Work Act 2009...

  • New book: Experiences of Health Workers in the COVID-19 Pandemic (Australia).

    Experiences of Health Workers in the COVID-19 Pandemic, by Marie Bismark, Karen Willis, Sophie Lewis & Natasha Smallwood. Published by Routledge. Available for online order. ISBN 9781032132716. Experiences of Health Workers in the COVID-19 Pandemic shares the stories of frontline health workers—told in their own words—during the second wave of COVID-19 in Australia. The book draws...

  • Conduct, supervision, performance and implications for current maternity care at Bacchus Marsh.

    We regard it as a matter of concern that, despite the reforms implemented following the 2015 Wallace Report referred to below, the safety and continuity of the current maternity service at Bacchus Marsh Hospital depends, to the extent advised to us, on a still relatively junior practitioner whose conduct is the subject of serious allegations...

  • ART: Emptying the nest egg to fill the nursery.

    Published in the UNSW Law Journal is an interesting new article by Neera Bhatia & Lily Porceddu entitled Emptying the nest egg to fill the nursery: Early release of superannuation to fund assisted reproductive technology (available online here). The abstract explains: This article considers the current law in Australia that regulates early release of superannuation...

  • ART: Emptying the nest egg to fill the nursery.

    Published in the UNSW Law Journal is an interesting new article by Neera Bhatia & Lily Porceddu entitled Emptying the nest egg to fill the nursery: Early release of superannuation to fund assisted reproductive technology (available online here). The abstract explains: This article considers the current law in Australia that regulates early release of superannuation...

  • Conduct: False vaccination exemption certificates.

    Medical Board of Australia v Piesse [2022] VCAT 82 (on Austlii). Dr Piesse was found to have engaged in professional misconduct under (a) and (c) of the definition of that term in the Health Practitioner Regulation National Law (Victoria) Act 2009 (National Law) in relation to each of the five allegations brought against him. The first of...

  • Abuse: Stay application granted (Western Australia).

    With thanks to Sonya Parsons for drawing my attention to RC v The Salvation Army (Western Australia) Property Trust [2021] WADC 117 (available on AUSTLII). The court was required to consider a stay application in respect of a claim made for alleged abuse some 60 years earlier. No complaint of the abuse had been made...

  • Medical: TGA consultation on device mandatory reporting.

    Only a few days remain for completion of the online survey made available by the TGA, which closes on 13 December 2021. The TGA website explains: Following the Senate Inquiry into the Number of women in Australia who have had transvaginal mesh implants and related matters which highlighted that the number, range, and complexity of medical devices...

  • Medical: Dr Daniel Lanzer undertaking not to practice.

    Previously noted on this blog was the application by Dr Lanzer identifed as Lanzer v Australian Broadcasting Corporation [2021] FCA 1283. As of yesterday 29 October 2021 the AHPRA website notes the following undertaking by Dr Lanzer: Dr Daniel Lanzer [MED0001404847] provides the following undertaking to the Medical Board of Australia (theBoard: 1 I will...

  • Professional misconduct by communicating to make a child amenable to sexual activity.

    This matter was heard by the South Australian Civil and Administrative Tribunal on 24 August 2021. The Tribunal found that the medical practitioner engaged in professional misconduct by communicating to make a child amenable to sexual activity. See Medical Board of Australia v Balasubramanian [2021] SACAT 53 (on AUSTLII). The dooctor had a profile on...

  • NDIS: AAT jurisdiction + the Internal Review

    Whitby-Smith and National Disability Insurance Agency [2021] AATA 3446 (on JADE) returns to the issue in QDKH and NDIA [2021] AATA 922 which is presently on appeal to the Federal Court of Australia. The NDIA contended that the Tribunal only has jurisdiction to hear an application in relation to those supports “put before” the NDIA internal...

  • Informed birth resources – RANZCOG submission form.

    RANZCOG has initiated development of a set of resources for clinicians on informed birth for planned vaginal and caesarean deliveries across Australia. Please use this form (linked here) if you would like to share any gaps in information, issues or concerns that you would like the College to consider when developing the resources.

  • How does Australia’s COVID vaccine injury scheme compare to compensation programs abroad?

    “The Commonwealth-funded No Fault COVID-19 Indemnity Scheme aims to compensate for medical expenses and loss of income resulting from an adverse reaction following vaccination. Many countries have long-running vaccine compensation schemes – some, including those in those in Britain and the United States, appear not to be adapting to the challenges presented by COVID-19.” A...

  • Wrongful birth damages (Western Australia)

    With thanks to Phil Gleeson for drawing my attention to O’Loughlin v McCallum [2021] WADC 77 (available on Austlii), a wrongful birth claim in which breach of duty was admitted in respect of a failed sterilisation procedure. The Court was required to assess damages. The allowances were as follows: General damages $20,000. It is noteworthy...

  • Conduct: Boundary violation + child abuse patient.

    Conduct matters involving boundary violations (in this instance, a personal, non-therapeutic relationship) are unfortunately not entirely rare. The matter of Psychology Board of Australia v Brideson (Review and Regulation) [2021] VCAT 899 (on JADE) is therefore not particularly noteworthy, save for two issues. Firstly, the psychologist met the patient at a psychology conference for survivors...

  • Grattan Institute – Covid vaccination modelling report.

    A new Grattan modelling report may be of interest, available here. The report authors suggest that Australia can end lockdowns and start to reopen its border once 80 per cent of the population is vaccinated – and we may be able to get there by the end of the year. But if a vaccine is...

  • Appointment of assessor to assist the Court.

    Neil Foster has helpfully drawn attention to a decision of Justice Lee, to to appoint an “assessor” to help him understand complex scientific evidence in a case which must decide whether Roundup products are carcinogenic, such that exposure to Roundup products increases the risk of developing personal injury, relevantly, Non-Hodgkin Lymphoma. McNickle v Huntsman Chemical Company...

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