Expertise

Dispensing with inappropriate behaviour – a guide for pharmacists

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

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

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

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

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

Case Note | An error in method alone is not a ‘shaw thing’ on review

Case Note | Procedural fairness requires decision makers to ensure those affected by their decisions are fully aware of relevant distinctions

Case Note | “Obvious risk” a key consideration in personal injury cases

Cyber Security Awareness Month – Are you cyber aware?

Case note | NSW Supreme Court reaffirms expert witnesses are immune from suit

Case Note | Surgery does not, of its own, transform a threshold injury into a non-threshold injury under MAIA

Pharmacy Location Rules – understanding the process for PBS approval in large medical centres

Case Note | Res ipsa loquitor is an inferential reasoning process available to both insurers and claimants

Buying and selling a pharmacy | Why it makes good business sense to partner with a lawyer

Can a patient under 18 provide informed consent?

ACT Court of Appeal overturns onerous duty finding confirming that there is no general duty on a GP to follow-up or escalate referrals

“Property Damage” – Sounds Simple, Right?

Selling your dental practice: legal tips for making it a pain-free process

Deal or No Deal: from handshakes, heads of agreement to contracts – what’s legally binding, and what’s not?

Show Cause Notices issued to childcare providers: do you understand your obligations?

21st birthday parties aren’t dead, long live the party!

Convicted health professionals may face registration suspension

Payroll tax concerns for medical and allied health practices

Privacy Awareness Week 2023

Are the Australian Privacy Reforms on your radar?

Industry Update: Increase in monetary jurisdictional limits of the District Court of NSW

Pharmacy Sale and Purchase Update

New era for the costing of County Court and Supreme Court claims

A change of heart on indemnity | a landmark High Court decision for insurers

Collaborative arrangements between medical practitioners and eligible nurse practitioners and eligible midwives

High Court of Australia grants application for special leave to appeal a decision to permanently stay proceedings involving historical child sexual abuse

Insurer permitted to invoke professional liability exclusion clause for Queensland flooding class action

Victoria Health Services: Are you prepared for the Statutory Duty of Candour?

Pursuing personal advantage: an age old story

Agreement to mediate… are you certain?

New regulations are now in force for all health practitioners and organisations in NSW

Regulation of Education and Care Providers: the Department of Communities in WA takes a stricter approach to compliance actions

Willmot v State of Queensland [2022] QSC 167

Online Reviews & Defamation

Veterinary practice in WA: significant changes to the regulatory framework

The Privacy Landscape in Australia following the introduction of the Notifiable Data Breaches (NDB) scheme in 2018

Medical Board of Australia and Tan [2022] WASAT 57

All in the mind of the Insured – subjective test confirmed for breach of condition to take reasonable precautions

Keeping an eye out: taking reasonable precautions to prevent a risk of harm materialising

Gravel is slippery – isn’t that obvious?

Mind your Ps and safety first!

The importance of health practitioners’ compliance with public health policies and directions

Help, my employer is suing me for negligence!

Complex Compounding – How does a pharmacist prove competency?

Proposed reforms to strengthen the unfair contract term regime in standard form contracts under the Australian Consumer Law

New Franchise Disclosure Register

Privacy Awareness Week | 2 – 8 May 2022

Can My Replacement Vehicle be a Beamer? Damages for Loss of Use for Tortious Damage to Property

A cautionary note to all health practitioners: don’t be caught out by section 130 of the National Law!

UK: Court of Appeal overturns controversial finding that under-16s cannot give informed consent to treatment with puberty blockers for gender dysphoria

United Kingdom High Court considers claim for discrimination by abortion laws to people with Down’s syndrome

7-Eleven in breach of privacy laws over survey collecting facial images

New Director Identifier Number regime now mandated for all directors

Do you really need a copy of my COVID-19 vaccination certificate?

NCAT overturned Medical Council’s decision to suspend medical student’s licence

Medical Management Plans for children and your system of governance

Veterinary practice in WA: Proposed amendments to the current regulatory framework

Dangers of adopting branding including a geographic reference

Do you send personal information offshore?

Selling your medical practice

Pharmacists: are you ready for the COVID-19 vaccine rollout?

ACCC alleges SmileDirectClub misled consumers regarding health insurance reimbursements for clear teeth aligners

Modern slavery: New guide released for the financial services sector

High court affirms parents can consent to puberty blockers on behalf of their children

Real time prescription monitoring: assisting practitioners to make better informed prescribing decisions

The collective bargaining class exemption for small businesses is now in effect

Pitfalls of promoting health services on social media

Extended powers of HCC include investigating complaints incidental to the provision of health services

Gender Dysphoria and Children: Lessons from R v Tavistock

VCAT confirms COAG Ministerial Direction 2019-1 not binding on Tribunals

Health Complaints Act 2016 (Vic) – does it really apply to me? Important implications for registered health professionals employed by bodies corporate in Victoria

Make privacy a priority, today and every day

The dos and don’ts of COVID-19 vaccine promotion

Dangers in negotiating commercial agreements

The importance of an up to date and relevant shareholders’ agreement

New disclosure obligations in New South Wales require increased transparency with consumers

Defamation – be careful what you post on social media

Retailers beware of advertising false promotions

How the changing definition of “consumer” under the Australian Law may affect you

Use of electronic signatures – a cautionary note

Clipping the wings of phoenix activity: New requirements for resigning directors

Statutory Demands – back to being an effective means of collecting debt from a corporate debtor

The value of a pharmacy partnership or shareholder agreement

Commercial Occupiers: What is expected of them to keep premises safe?

Changes to ACNC Governance Standards

Do your staff members understand their obligations regarding the handling and storage of personal information?

Privacy and External Dispute Resolution schemes: Limitations for healthcare credit providers

Future directions for the Consumer Data Right

Major Insolvency Law Reform Enacted

Does your domain name meet the new trade mark eligibility rules?

Waivers and extreme sports

Reinstatement of thresholds and other FIRB changes

New and expanded AHPRA Advertising Guidelines: a welcome aid to compliance

How small businesses can utilise the ACCC’s new collective bargaining class exemption

Are all activities performed in a gym recreational? The court says no.

In accommodation settings, does ‘slippery when wet’ mean liable?

New Zealand’s Privacy Act Overhaul

A case scenario on patient privacy – can I discuss a deceased patient’s care with their family members?

A case scenario on death certificates – who can sign them and when?

Federal Court of Australia confirms Professional Services Review (PSR) has the power to order part repayments

Coroners Court Directions Hearings now required within 28 days for mandatory inquest deaths

No half doses in pharmacy ownership

VCAT upholds use of immediate action power to suspend doctor over social media use

UK High Court applies established duty of care principles to legalise professional guidance which permits disclosure of confidential information to a proximate third party without consent

Pharmacy relocation – tips for navigating the critical steps

Key insights from July 2020 OAIC Notifiable Data Breaches Report

Three years on from the chaperone review, AHPRA celebrates changes to the regulatory landscape of sexual boundaries notifications

Accidentally sending an email to the wrong email address can cost you

Safe Sleep and Rest Policies

Professional Services Review (PSR) launches telehealth review

Listen to the experts: Chatoor v Health Care Complaints Commission of NSW [2020] NSWCA 111

What do I do if there is an accidental breach of my patient’s privacy? Advice for health practitioners and organisations

Swearing of affidavits across Australia – what’s required during the COVID-19 pandemic?

How will Liability Insurance respond to COVID-19?

Taking action against health practitioners in the “public interest” – two years on, how is the new immediate action power being applied in practice?

Private Health Insurer audits – a reminder to exercise caution and to ask for help

Emerging Insurance Issues from COVID-19

Coroner’s findings emphasise the potential risks of relying on telehealth without in-patient review

Appeal softens the blow for defendant following fall from ‘aerial sling’

AFCA Decisions: Online insurance purchases, non-disclosures at inception of policy

A warning to health practitioners: is your professional indemnity insurance in place?

Western Australia: What are the Mandatory Reporting Requirements for Registered Health Practitioners?

Using the new MBS telehealth item numbers to care for patients from home? Here are some of the risks and limitations for medical practitioners

A reminder on section 130 of the National Law: notify the National Boards of ‘certain events’, or face a possible finding of unprofessional conduct

Recent Applications in personal injuries claims impacted by COVID-19

National Code of Conduct for SME Commercial Leases during COVID-19

WA hospital negligent for not recognising sepsis in infant burns patient resulting in irreversible brain damage

Supreme Court of Victoria opts to hear would-be jury trial by judge alone in an effort to keep the wheels of justice turning

Professional Services in New South Wales – approval is required

Bushfire Emergency Declaration

A wrongful birth case study: Nouri v Australian Capital Territory [2020] ACTCA 1

Legal requirements for drone operation are set to widen – what do you need to know?

Health practitioner seeks help from the Federal Court to uncover identity of negative Google reviewer

Dentist seeks help from the Federal Court to uncover identity of negative Google reviewer

Help! I’m being Audited

AHPRA releases revised Guidelines for Mandatory Notifications about registered health practitioners

What is a Drone? Who can own and operate one?

Regulation of unregistered health practitioners in WA – is the current system adequate?

Audio and Video Records – are they legal?

Landlord and agent – the buck stops where?

Soutorine and The Medical Board of Australia [2020] WASAT 5

A case study in causation

Social Media: What’s OK – What’s Not

Owing prescriptions – are you courting danger?

Claims Against International Airlines

Payroll tax clampdown on healthcare clinic operators

Electronic Prescriptions

General practitioner successfully appeals negligence finding

Coroner recommends new standard for in patient observations

VCAT confirms that disciplinary consequences may befall practitioners who treat their own family

A reminder about the potential strength of ‘usual practice’ evidence

Insurance, drones and you.

Nurse slammed for profiting under patient’s will and pressuring peers

Powerful new Sports Tribunal leads the way in bolstering integrity in Australian sport. Why is this important?

Handling sensitive health information about patients and customers – do you understand your obligations?

You have received a notification – what now?

What’s the damage? Recent trends in General Damages awards for psychiatric injuries in Victoria.

What happens to healthcare complaints in Western Australia?

Striking the balance: Do the recent amendments to mandatory reporting obligations go far enough?

Ask for help, and ask early – advice for surviving an AHPRA notification

A gift bejewelled with risk

Pharmacy Workplace Relations – Hot Topics

Family Day Care – Compliance and Policies and Procedures

Revocation of registration as a registered provider of supports under the NDIS

Directors’ Duties

Be Data Smart

Applications for new PBS Approvals or relocations of existing PBS approvals

Case Note: Bergin v Queensland Cork & Timber Solutions Pty Ltd [2019] QDC 141

Professional medical organisations collaborate to help bring clarity on medical costs for patients

Steroids and hormone therapies – Off label use or misuse/abuse?

How medical practitioners can manage negative online reviews

Victorian Voluntary Assisted Dying legislation comes into force in June

SafeScript provides prescribers and pharmacists with real time access to the prescription history of their patients for high risk medicines.

Medicare Shared Debt Recovery Scheme to significantly affect recovery of incorrect Medicare billings from next month

Important information for property developers in Victoria: State Taxation Acts Amendment Bill 2019

Police in Victoria and Western Australia, to share information with AHPRA

Professional Performance under the Spotlight | Inquiry into the actions of the regulator and local health district

New powers used by Health Complaints Commissioner to stop unregistered service providers making false claims

ASIC’s regulatory approach to enforcement post-Hayne

A reminder: Child Care providers in Victoria, now subject to the Victorian Reportable Conduct Scheme

Restrictions on the use and disclosure of confidential communications between a victim of sexual assault and treating health practitioners

Six axioms emerging from the Hayne report

Case Note: Caffrey v AAI Limited [2019] QSC 7

Is the ‘irrational’ exception feasible?

Federal Court confirms strict interpretation of the 80/20 rule under the Health Insurance Act 1973

How can you tell if you have been given a forged prescription and what to do if you have

Made a mistake? Tell the client asap or risk a finding of deceit

Shared Debt Recovery Scheme to hold both medical practitioners and employing and contracting organisations responsible for incorrect Medicare billing

My Health Record: Important Information for Healthcare Providers

Statutory privilege does not prevent disclosure of records in VCAT proceedings

A Game Changer for Mutuals – New Law Expands Capacity to Raise Capital

What are pharmacists’ obligations when supplying pseudoephedrine?

No professional misconduct finding for General Practitioner’s ‘grave error of judgment’

Professional Opinions – how much weight do they carry?

Financial Services Royal Commission – The Interim Report – Emerging Regulatory Themes

Professional Misconduct – fact or fiction?

Royal Commission into Aged Care Quality and Safety

Can a loss of superannuation pension form part of a loss of earning claim for a retired claimant?

Getting it right – meeting your legal and professional obligations in advertising

Board removes links to past disciplinary decisions – but not all of them

Child Care Subsidy Law– An introduction to the new Minister’s Rules and Secretary’s Rules 2017

Video: Negligence in relation to asbestos-contaminated waste

Case note: Your Onus or Mine?

High stakes for organisational heads as Victoria introduces new requirements as part of reportable conduct scheme

Unfair Contract Terms: Not if but how

Provident Capital Class Action

Medication Misadventure – Methotrexate: A reminder to pharmacists to exercise independent judgment about the safety of a prescribed medicine.

The duty of care requirement – not to be taken for granted

Putting the past behind you? Not any more, as Medical Board starts displaying links to old disciplinary decisions on the National Register

Duty of disclosure: yesterday’s hero?

Missing faxed scan result triggers the Coroners Court to call for robust standards regarding the communication of radiology results

Sparks v Hobson; Gray v Hobson [2018] NSWCA 29: Is this a prelude to the expansion of the peer professional opinion defence in NSW?

‘SafeScript’ Roll-out: An update for practitioners on important regulatory changes from 1 July 2018

What to consider when you buy a Fitness Franchise

Fair Go! Are your standard contracts unfair?

Assigning your Commercial or Retail Lease

Charities Unclear and Uncertain about Disclosure of Political Donations and Expenditure

Are you prepared for the mandatory data breach notification regime?

Recent trends in buying and selling pharmacies

Pharmacy Franchise Law – tips for franchisees

Misuse, interference or loss of personal information by pharmacists – new mandatory notifications for data breaches

Expanding or contracting your pharmacy? Don’t forget Pharmacy Location Rule 121

Unfair Dismissal claims under fixed term contracts

Shifting landscape – Insurance law firms are experiencing unprecedented change as the sector evolves

How Australian Financial Complaints Authority (AFCA) may impact your business

Unfair Contract Protections Capture Standard Contract Loans to Small Businesses

Are Financial Service Providers prepared for the mandatory data breach notification regime?

NSW Health Services Organisations face key changes to Root Cause Analysis procedures

Supreme Court of Victoria confirms availability of statutory privilege over clinical records in VCAT

National registration of paramedics – mandatory notifications: what paramedics need to know about their mandatory reporting obligations

Overhaul gets the go ahead for mandatory reporting laws regarding treating healthcare professionals

Insurance Broker Remuneration – 5 Legal Considerations  

Misleading Advertising in Financial Services

Reflections on a recent experience with ‘hot tubbing’ in the Coroners Court

Outrage as junior UK doctor is convicted of manslaughter and struck off

Accepting gifts from patients – before you partake of that bottle of wine, stop and consider a few factors

Victoria to roll out real-time prescription monitoring system in 2018

Medical Board seeks community input on revised sexual boundaries guidelines

Meridian Lawyers bolsters its property and commercial leasing practice in Sydney

Meridian Lawyers expands its insurance team and footprint from East to West

Outstanding Insurance Lawyer Andrew Sharpe to join Meridian Lawyers’ Sydney Team.

National registration of paramedics 2018

Release of Insurance in Superannuation Voluntary Code of Practice

Changes to Medicare Benefits Schedule Items for Spinal X-Ray Services – Why, how and what now?

Proving residual working capacity: a defendant’s burden to bear

Case study: pitfalls of crossing the boundaries

Video: Fundamentals of effective negotiation

Sweeping reforms in Victoria proposed to lift hospital safety

Medical Board reforms for older medical practitioners and those the subject of multiple complaints

Video: Negligence and Consent in the Medical Profession

Landmark advertising fine warns that the tiger has teeth

PI Cover for AFS Licensees – Check your cover as not all PI policies have the same cover

Standard Contract Terms and Conditions for Derivatives Trading and Broker Rights

New Legislation Introduces Ban on Excessive Payment Surcharges

Expanded Protection for Whistleblowers in Corporate, Financial and Credit Sectors including Tax Misconduct

Put it in writing: Tools to protect and enforce minority shareholder rights (Part 2)

How to avoid copyright infringement

How fit are you, legally?

Increased Powers of the Fair Work Ombudsman – Is your Business Vulnerable?

Partnership Agreements – do you have one and is it up to date? Is it a dispute waiting to happen?

National Boards armed with new public interest power to take immediate action against health practitioners

National registration of paramedics – registration standards

Massive Privacy Breach: A lesson in using third party web service providers

Wright and Wrong

Crowd-sourced funding for start-ups and SMEs – offering shares to retail investors

Proposed new Insurance Code of Practice for Superannuation Trustees

“Check, Correct, Change” guidance published by AHPRA a welcome resource for practitioners seeking clarity in advertising regulation

Significant $1.3m payout warns employers to take employee bullying complaints seriously

Pharmacy insights – Spring 2017

Disclosure of confidential genetic information to relatives

A reminder for pharmacists: exercise caution when dispensing Schedule 3 Poisons

Court’s disdain for disability claim

70 years in the making: the Civil Liability (Third Party Claims Against Insurers) Act 2017

National registration of paramedics

Finalists in InfoTrack Client Centricity Awards for second year

Media release: Meridian boosts health law expertise

ACCC increases franchisor scrutiny

Put it in writing: Tools to protect and enforce minority shareholder rights

‘Phillips arrangements’: It may be time to review your service company arrangements

NSW landlords and tenants affected by changes to the Retail Leases Act

Choosing the right not-for-profit structure

Media release: Insurance Team and Managing Principal shortlisted for prestigious industry awards

When is a duty of care owed in mental harm claims?

Vets must be vigilant to avoid legal action

How long must you retain child care records in Victoria?

What does mandatory reporting mean for early child care workers?

Beware of altered, forged or fraudulent prescriptions: a reminder for pharmacists

Dealing with complex facts in assessing contribution for an asbestos exposure injury

Amendment of service approvals – your options if you are refused

Proposed changes to National Quality Framework

Choosing the right business structure for your child care service

Family Day Care Law: avoiding breaches of the National Law and Regulations

Brand loyalty in professional indemnity insurance: risks of shifting insurance cover

The insurer strikes back

General insurers need to be ever mindful of best practice advertising

Dental insights: Is your radiology equipment registered and your radiology licence up-to-date?

Attempted murder during offsite training: is the occupier liable for psychiatric injury?

Finalist in Lawyers Weekly Partner of the Year Awards

A reminder to ensure the dental justification for treatment plan is clearly recorded

Pharmacy sale and purchase trends during 2016: assignment of leases

Real-time prescription monitoring: what does it mean for health practitioners?

Meridian Lawyers successful in long-running professional negligence case

Trends in business sales and purchases: assignment of leases

Choosing the right business structure

Abolition of stamp duty on purchase of business assets in New South Wales

Is Big Brother watching?

Succession planning for your partnership

Selling a veterinary practice

Succession planning for your partnership

AWB: the next instalment…

Meridian Lawyers’ New Year promotions

What do I need to know about the new Health Complaints Act 2016 (Vic)?

Have you planned your party properly?

Are you selling a child care business?

What to do if your service approval has been suspended or cancelled

Advertising: A timely reminder

The duty of care owed by a principal contractor – is it delegable?

Meridian Lawyers’ boosts Melbourne Insurance Team with new Principal

How will technology change the types of claims we see in the future?

Game of drones: new rules, new challenges

When has an obligation to obtain informed consent been discharged?

Video: Negotiating and evidence of a legal retainer

Certain contractual indemnities void in Queensland injury claims – some traps for brokers

Women in Law Awards finalist: Mentor of the Year

Meridian Lawyers wins prestigious award

Managing Partner Paul Baker finalist in Australian Law Awards

Is this the end to using contractual indemnities to apportion liability for workers’ injuries?

Insurance insights: The pitfalls of lending a helping hand

Tackling tardiness

High Court win: finding reminds courts of appeal of their limits

Doing the right thing: complying with Family Assistance Law for family day care

Lowering of two key Wrongs Act thresholds in Victoria

Holding nurses to account: AHPRA notifications, investigations, processes and outcomes

Australasian Law Management Journal: Q&A with Paul Baker

Mourning the loss of our colleague and collaborator – Ashley Jones, Principal at Meridian Lawyers, Brisbane

Drones – friend or foe for underwriters?

Selling your business? Don’t forget an important asset – your employees!

‘But how can I notify my insurer? All the details are private’

Pharmacy location rules: Who are ‘persons aggrieved’ by new approvals?

Nurofen Specific Pain claims: Federal Court finds misleading conduct

Online pharmacy retailer pays $32,400 for misleading product pricing

Aim for a pain-free goodbye

What does a ‘professional service’ mean in the context of a D&O policy exclusion clause?

The changing state of play: The natural evolution of the professional regulation of pharmacy

Storage and prescribing of medication in the dental surgery

Striking the right balance: gender diversity and flexibility

Fast-tracked orthodontic treatments give rise to informed consent and scope of practice issues

Meridian’s Employment Principal elected ALERA President

Meridian Lawyers assists with NAPSA’s constitution overhaul

Foresights: Public liability

Foresights: recent case rulings challenge the status quo

Schedule 8 medications: A disturbing trend in storage and record keeping

AHPRA extends its reach to social media

A reminder of what is notifiable conduct, and the consequences of failing to notify

Queensland to remove 5% permanent impairment threshold for workers seeking damages

Recent Court of Appeal decision confirms breadth of advocate’s immunity

Power couple

ACCC given greater powers to enforce new Franchising Code of Conduct

The broadening shadow of section 54

New office aims to improve johnson v triple c process in Queensland

Watch out for that last step

Changes proposed to end mandatory inquests into deaths in custody

The dentist as an independent expert witness

Positive partnerships: the comforts of a good partnership agreement

Bubble, bubble, toil and trouble for plaintiffs

Buying and selling dental practices

Meridian Lawyers nabs high profile insurance lawyer

Employment relations principal joins Meridian team

Endeavours to resolve the debate

Keeping your website up-to-date and accurate

Corporate governance update: ASX Rules

Credit reporting regime under the Privacy Act has a new bite

Spotlight on Fitness: an overview of Australian Consumer Law

The cost of doing business: an open and shut case for a child care centre

Best Lawyers recognises leading insurance lawyer

High Court determines that damages are not capped

Pharmacy alert: maintaining script certifications

Consider these fundamentals before purchasing a professional practice

Thinking of buying a franchise?

Retail shop leases: your rights as a tenant

Pitfalls of group buying advertising for health practitioners

Is this the end of your lease?

Insuring builders: claims by subsequent owners

Taking the ‘literal’ or ‘intended’ meaning: High Court reserves judgment

Personal trainers: don’t sweat the legal small print

Medico-legal issues for radiographers

AHPRA audits: tips for registered health professionals

Joint statement on dental audits: ADA, Guild Insurance and Meridian Lawyers

Privacy, legal liability and the pharmacist

Fitness instructors, squats and waivers

Employment Insights: Fair Work Commission lays down some markers on bullying

Health professionals: Are you complying with your obligations?

Government rolls out Living Longer, Living Better aged care package

How healthy is your relationship with your business partners?

Strategic shareholding agreement with Steadfast Group

Legal issues: What should a physiotherapist do when…

Biosecurity guidelines: Do they pose an increased legal risk to veterinarians?

e-health: A new frontier for health practitioners

Infectious diseases & child care: what about staff members?