Raad & Ors v The Cosmetic Institute Pty Limited & Ors [2024] NSWSC 650 (Link to Caselaw)
The 12 plaintiffs were women who alleged that they have suffered personal injury arising out of breast augmentation surgery performed on them by
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Abuse: Assessment of damages for abuse by brother of claimant.
Watt v Redman [2024] NSWSC 638 (Link to Caselaw)
Proceedings were brought against the defendant (the plaintiff’s brother) on the basis that while the plaintiff was a child, he too was living in the family home and, for a
Medical: Select Committee on Birth Trauma (NSW).
Link to report here: Report 1.
Published by the Legislative Council (NSW) on 29 May 2024 was the report of the Select Committee on Birth Trauma.
The establishment of the Committee followed a December 2022 “Australian Birth Experience Study”
Special Commission of Inquiry into Healthcare Funding.
https://healthcarefunding.specialcommission.nsw.gov.au/
The Special Commission of Inquiry into Healthcare Funding is conducting a review of the funding of health services in NSW. As part of the comprehensive review, the Inquiry will examine: 1 strategies available to address escalating costs, limit wastage
Abuse: Appeal re social security payments & damages.
Comensoli v WQA [2024] VSCA 104 (Link to AustLII).
In a single judgment, the Court dismissed the appeal in this matter, which required consideration of matters to be considered in reduction of damages – in particular, Centrelink type payments
Abuse: Clinical records containing ‘confidential communications’ (Victoria).
HM v Sister Mary Monaghan [2024] VSC 257 (Link to AustLII).
In an historical sexual abuse claim, the defendant sought general discovery of the plaintiff’s clinical records from a medical practice (‘clinical records’) pursuant to the Supreme Court (General
Abuse: Pseudonym application refused.
Lucas v State of New South Wales [2024] NSWSC 600 (Link to Caselaw).
Along with an application under the Felons (Civil Proceedings) Act 1981 (NSW) which was granted, was an application for an order under s 7 of the
Books: New edition of Australian Medical Liability.
The fifth edition of our book Australian Medical Liability is due for release shortly. It is available for pre-order on the LexisNexis website linked here.
This edition updates the law, notably in relation to the peer opinion defence following
Medical: Cervical screening by GP.
Kennedy v Malhotra [2024] NSWSC 576 (Link to AustLII)
The plaintiff alleged that her general practitioner failed to advise or inform her of the need for cervical screening, and that as a result of a delay in such screening
Medical: Total knee replacement & District Court jurisdictional change.
Roberts v Shimmin [2024] NSWDC 171 (link to Caselaw)
This claim, although determined in the NSW District Court, applied the law of Victoria where the initial knee replacement surgery was performed.
The Court addressed liability issues (including s 59