Australia: Professional Negligence

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

When termination isn't the end: A case note on AZW v State of Queensland

Qld SC ruled that institutions aren't generally liable for ex-staff's post-termination abuse but may have a duty to warn if aware of risks & trust continues.

Australia Litigation

GC

Gilchrist Connell

Extending the limitation period in medical negligence cases - a subjective approach

Recent case highlights the court's approach to extending limitation periods in medical negligence cases.

Australia Litigation

B

Barry Nilsson

NSW Government Bulletin: Ethical issues for state government lawyers

The ethical responsibilities applicable to public and private sector lawyers are fundamentally the same.

Australia Litigation

HR

Holding Redlich

Widely accepted practice in medicine allows for more than one solution to a health issue

The court emphasised the importance of the neutrality of retained experts.

Australia Litigation

B

Barry Nilsson

What is medical negligence | Birth injury claims

Australia Litigation

MO

Mellor Olsson Lawyers

Professional conduct; maintaining boundaries between health professionals and patients

Australia Litigation

HP

Hall Payne Lawyers

Case Summary: MC v Casa Generaliza Della Societa Dei D'Africa Detti Padri Bianchi (White Fathers) [2024] NSWSC 1658

Australia Litigation

CO

Carroll & O'Dea

When the system fails: legal and policy implications of the Monash IVF embryo mix-up

Australia Litigation

CO

Carroll & O'Dea

Court finds school's duty of care extends beyond school gate

Australia Litigation

S

Stacks Law Firm

Vicarious liability revisited

Australia Litigation

M

McCabes

Case summary: Doughty v Hillier [2024] NSWSC 1220 – Dismissal of a claim to extend the limitation period for a medical negligence claim

Australia Litigation

CO

Carroll & O'Dea

Can I pursue a medical negligence claim for a misdiagnosis?

Australia Litigation

HP

Hall Payne Lawyers

Medical negligence claims in Queensland

Australia Litigation

HP

Hall Payne Lawyers

$687,207 medical negligence settlement after knee replacement

Australia Litigation

P

Polaris Lawyers

Fraud and corruption – how crisis management can help

Australia Commercial

BP

Bartier Perry

Inside Employment Podcast Series - Investigations, Part 1 - What's The Fuss With Whistleblowing Investigations? (Video)

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Employee sues for $780k after alleged breach of Right to Disconnect

Australia Employment

PP

Pointon Partners

Skilled Visa Salary Thresholds To Increase To 4.6% From 1 July 2025

Australia Immigration

IL

Interstaff Immigration Agency

Inside Employment Podcast Series - Episode 2: Policy Parallels – Industrial Relations And Immigration (Video)

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Queensland Government Bulletin: QIRC allows fair treatment appeal against employee's suspension with pay

It is now clear that paid suspensions can be subject to appeal as a 'fair treatment decision'.

Australia Employment

HR

Holding Redlich

Professional misconduct: Health Care Complaints Commission v Tan [2024] NSWCATOD 31

NCAT made a finding of unsatisfactory professional misconduct and unsatisfactory recordkeeping against a doctor in NSW.

Australia Healthcare

GC

Gilchrist Connell

Can you make a public liability claim for gym injuries?

Not all gym injuries warrant compensation - but professional negligence can result in a successful claim.

Australia Litigation

S

Stacks Law Firm

Understanding what is Duty of Care definition

Duty of care relates to the legal responsibility of one person to prevent harm from befalling another person.

Australia Litigation

JS

JB Solicitors

Kneale v Footscray Football Club Ltd – Cautions For Both Sides Of Institutional Abuse Claims

Australia Litigation

KG

K&L Gates LLP

Asic Releases Second Report On Reportable Situations Regime

Australia Litigation

KG

K&L Gates LLP

Funds Update – 3 November 2023

Australia Litigation

HS

Herbert Smith Freehills Kramer LLP

Global healthcare insights: claims inflation and driving earlier resolution of claims

Australia Litigation

K

Kennedys

Understanding medical negligence claims in South Australia

Australia Litigation

MO

Mellor Olsson Lawyers

When things don't go swimmingly: NSW Court of Appeal finds brokers negligence did not cause policyholder's loss

Australia Litigation

GC

Gilchrist Connell

Defending careers – 5 lessons from HCCC v Teo.

Australia Litigation

P

PCL Lawyers

Directors – Are You Liable Under Section 37 Of The DBPA?

Australia Real Estate

VY

Vincent Young

State Of Play: Asic Updates Its Breach Reporting Guidance As Uncertainty Continues

Australia Finance

HS

Herbert Smith Freehills Kramer LLP

Medical negligence claims, when objects are left in patients after surgery

Australia Healthcare

P

Polaris Lawyers

Defending careers – 5 lessons from HCCC v Teo.

Discusses 5 lessons for those subject to professional conduct proceedings.

Australia Litigation

P

PCL Lawyers

Directors – Are You Liable Under Section 37 Of The DBPA?

Directors of contractors should be relieved to hear that in the recent case of Oxford v KR Properties, the Supreme Court rejected a claim against a contractor's director for breach of duty under section 37...

Australia Real Estate

VY

Vincent Young

State Of Play: Asic Updates Its Breach Reporting Guidance As Uncertainty Continues

Yesterday, ASIC released its updated Regulatory Guide 78 Breach reporting by AFS licensees and credit licensees (RG 78).

Australia Finance

HS

Herbert Smith Freehills Kramer LLP

Medical negligence claims, when objects are left in patients after surgery

Health providers are generally very eager to negotiate compensation settlements in cases involving retained objects.

Australia Healthcare

P

Polaris Lawyers

Medical negligence or medical malpractice in NSW

Australia Healthcare

JS

JB Solicitors

Wrongful birth and the assessment of damages

Article revisits some aspects of damages assessment, primarily in respect of the costs of raising and maintaining a child.

Australia Litigation

CO

Carroll & O'Dea

Accountants and professional negligence

Potential consequences of negligence for individuals due to the actions of their accountants can be extremely significant.

Australia Litigation

PS

Pentana Stanton Lawyers

A guide to legal costs for medical negligence and public liability claims.

How are legal costs calculated in medical negligence claims and public liability claims?

Australia Litigation

P

Polaris Lawyers

Claim Against Broker For Pool Damage Fails On Causation

A policyholder claim for negligence against its insurance broker has failed on the issue of causation even though it proved the broker had been negligent. The decision in Flanagan v Bernasconi...

Australia Insurance

HS

Herbert Smith Freehills Kramer LLP

Does the current health crisis provide a defence against medical negligence?

Australia Litigation

P

Polaris Lawyers

Case Note: Dhupar v Lee [2022] NSWCA 15 – Section 71 does not preclude an award for damages for phychiatric injury arising from childbirth

Australia Litigation

HW

Holman Webb Lawyers

The big picture and a doctors duty of care

Australia Healthcare

K

Kennedys

Former client of solicitors was denied leave to appeal a decision that vindicated lawyer in negligence suit

Australia Litigation

K

Kennedys

Deliberate, fraudulent, negligent diagnosis of mental illness and an absence of consent on admission to a mental health ward: Stewart v Hames

Australia Litigation

CO

Carroll & O'Dea

Professional Standards case note: Hampshire v Health Care Complaints Commission [2021] NSWCA 283

Australia Healthcare

HW

Holman Webb Lawyers

Full Disclosure, Vol. 8: What is Medical Negligence?

Australia Litigation

MO

Mellor Olsson Lawyers

Education Law Notes – Term 4 2021

Australia Consumer

CO

Carroll & O'Dea

Your words against the doctors; medical negligence cases and the accuracy of medical records

Australia Litigation

P

Polaris Lawyers

Consultants: Take care (of yourselves). Insurers do not always know best

Australia Real Estate

HL

HHG Legal Group

Confirmed by Court of Appeal – no negligence in welfare management of emergency services worker on night of catastrophic fire

Australia Employment

CG

Cooper Grace Ward

My doctor did not warn me of any risks, what can I do?

Australia Litigation

K

Kells

Protecting the public – a lens on addressing the misconduct of health professionals

Australia Litigation

GC

Gilchrist Connell

When the doctor gets it wrong - medical negligence cases

Australia Litigation

BP

Bartier Perry

I deserve compensation for my skiing injuries, because the other skier was negligent. Which case won?

Australia Litigation

S

Stacks Law Firm

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Full Disclosure, Vol. 8: What is Medical Negligence?

MO

Mellor Olsson Lawyers

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