Insights

Selling your dental practice: legal tips for maximising your outcomes

Selling a dental practice can be a complex and time-consuming process. Partnering with a lawyer will ensure you maximise your outcomes, saving time and money. Meridian Lawyers acts for dental practitioners in the sale and purchase of dental practices. Principal Georgina Odell will discuss the legal aspects of selling a dental practice during the CPD […]

Case Note | Insurer remedies for false and misleading statements

Allianz Australia Insurance Limited v Yu [2024] NSWSC 31 When assessing the seriousness and effect of a claimant’s injury, self-reported symptoms form an integral basis of any expert medical opinion and an insurer’s evaluation of the claim. But what happens when a claimant knowingly exaggerates their symptoms and disabilities? Section 118 of the Motor Accident […]

Case Note | Gravel poses an ‘obvious risk’- Mind Your Step!

Fisher v Shire of Denmark [2024] WADC 1 Key takeaways Visitors to public recreational areas are expected to exercise appropriate and reasonable care for their own safety A defendant, as an occupier, is able to rely on s 5O of the Civil Liability Act 2002 (WA) (CLA) as a defence to any ‘obvious risks’ Failure […]

Case Note | An Interlocutory Odyssey of Non-Compliance – Dankers v Volunteer Maritime Rescue NSW [2023] ACTSC 395

Dankers v Volunteer Maritime Rescue NSW [2023] ACTSC 395 The Supreme Court of the Australian Capital Territory has dismissed an application from a plaintiff seeking a defence to be struck out and judgment entered for the plaintiff for ‘systematic’ and ‘continuous’ non-compliance with Court orders, while providing a scathing judgment on the non-compliance. Background The […]

Selling your medical practice: Legal tips for making it a pain-free process

Meridian Lawyers acts for doctors in the sale and purchase of their medical practices. Navigating the many legal aspects of selling a medical practice can be a daunting process. Careful planning and having the right guidance and support are important to minimise risks. In this article, Principal Georgina Odell explains the legal process and provides […]

Dispensing with inappropriate behaviour – a guide for pharmacists

This article was first published by the Pharmaceutical Defence Limited (PDL) in their November 2023 PDL Practice Alert. In recent years since the #MeToo movement has gained widespread support, we have seen increasing media reporting and public interest in inappropriate workplace behaviours (Harvey Weinstein, Kevin Spacey, Russell Brand to name a few). Similarly, there has […]

Case Note | Barking up the wrong tree – County Court of Victoria finds dog attack not sufficiently connected with Insured’s business

Victorian WorkCover Authority v A.T.S. Towing Service Pty Ltd (ACN 054 744 204) & Ors [2023] VCC 2010 Background Aaron Butler (the plaintiff) sued Linkback (VIC) Pty Ltd (the Insured), ATS Towing Service (ATS) and Mr Steven Mavro, for injuries sustained in a dog attack on 4 April 2016. The attack occurred on a property […]

Case Note | First in, not necessarily best dressed? Victorian Court of Appeal allows multiple Medical Panel determinations, setting aside the Rosata decision

Citywide Service Solutions Pty Ltd v Rosata; Kabbout v Crown Melbourne Ltd [2023] VSCA 281 (21 November 2023) Background Luigi Rosata and Samih Kabbout issued separate court proceedings for injuries sustained in unrelated slip and fall incidents. In Victoria, a claimant who suffers injuries, which are not caused by a workplace or transport accident, may […]

Case Note | When to Play the Blame Game: Allegations of Contributory Negligence in the ACT – Wilson v Australian Capital Territory [2023] ACTSC 287

Wilson v Australian Capital Territory [2023] ACTSC 287 The Supreme Court of the Australian Capital Territory has dismissed an application by the plaintiff to strike out aspects of the Territory’s defence, pleading contributory negligence in circumstances where a breach of duty of care had previously been admitted with no reference to contributory negligence during pre-litigation. […]

Case Note | The Supreme Court of Queensland again orders a permanent stay of proceedings in a child abuse claim, meanwhile the High Court of Australia overturns one

In August 2022, the Supreme Court of Queensland granted a permanent stay of proceedings in the matter of Willmot v State of Queensland[1], which involved allegations of child sexual and physical abuse occurring between 1957 and 1967.  Chief Justice Bowskill concluded that a fair trial was not possible due to the passage of time since […]

Case Note | Persuasive evidence of prejudice – a must when resisting an extension of time application to issue proceedings

Bull v Ararat Abattoirs Pty Ltd & Ors [2023] VCC 1903 The Victorian County Court recently dismissed an application made by an injured worker to issue proceedings out of time. In the eyes of the Court, the combination of an 18 year delay following the accrual of the cause of action, and ‘clear prejudice’ to […]

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