Key takeaways In some States and Federally, witnessing and attesting affidavits can be done remotely. If a sworn affidavit is not possible, an unsworn affidavit may be accepted by the Court. If an unsworn affidavit is relied upon, a sworn or affirmed affidavit must be filed with the Court when circumstances allow. Legislation and Regulations […]
- Commercial Litigation & Dispute Resolution
- Corporate & Commercial
- Workplace Relations & Safety
- Financial Services
- Fitness & Sport
INSIGHT: How will Liability Insurance respond to COVID-19?
Key takeaways Insurer and reinsurer responses to COVID-19 are continuing to evolve. Critical to liability claims is likely to be the timing and content of government directives and an insured’s response to them. An Insured will need to defend their actions in preventing the spread of the disease. The number and types of claims to […]
INSIGHT: Taking action against health practitioners in the “public interest” – two years on, how is the new immediate action power being applied in practice?
One of the most stressful circumstances a registered health practitioner can encounter, is when they receive a notice from their National Board stating that it intends to take immediate action against them under section 156 of the Health Practitioner Regulation National Law (National Law). The proposed immediate action can be very serious, ranging from a […]
INSIGHT: Private Health Insurer audits – a reminder to exercise caution and to ask for help
The world of private health insurance is becoming increasingly competitive. As the marketplace burgeons with new providers, so too does the number of private health insurance audit requests issued to the health practitioners who service their members. Meridian Lawyers regularly assists practitioners to respond to requests for information from private health insurers (PHIs), which has […]
INSIGHT: Emerging Insurance Issues from COVID-19
Key takeaways A brief insight into COVID-19 insurance implications Business interruption and liability coverage This article is the first in a series of updates on the insurance issues and implications emerging from the COVID-19 pandemic. The Insurance Council of Australia (ICA) has declared COVID-19 an official insurance catastrophe. What is clear is that the consequences […]
INSIGHT: Coroner’s findings emphasise the potential risks of relying on telehealth without in-patient review
Recently we published an article outlining some of the risks and limitations for medical practitioners using telehealth to provide care for patients during the COVID-19 pandemic. In particular, we discussed the need for practitioners to consider and assess whether a consultation is safe and clinically appropriate to be conducted via telehealth, or whether an in-person […]
INSIGHT: Appeal softens the blow for defendant following fall from ‘aerial sling’
Key takeaways Important case for personal fitness instructors and other fitness operators. Harm reduction measures are important, even where no prior accidents have occurred. A Plaintiff must show a reasonably practicable precaution that could have been taken to avoid the risk of injury. Fitness instructors need to give clear instructions and insist on the use […]
INSIGHT: AFCA Decisions: Online insurance purchases, non-disclosures at inception of policy.
Key takeaways Insurer bears the onus of proof in establishing it can deny a claim due to non-disclosure. At inception, a policy must provide a clear and understandable duty of disclosure notice, in writing. Online policy application and acceptance provides unique challenges. Insurer needs to provide evidence that the insured failed to disclose relevant information. […]
INSIGHT: A warning to health practitioners: is your professional indemnity insurance in place?
The Victorian Civil & Administrative Tribunal (VCAT) has sent a loud message to all health practitioners to actively check that their professional indemnity insurance (PII) arrangements are in order by suspending a psychologist who failed to do so. The practitioner in question had delegated the task of paying all insurance renewals to a family member, […]
INSIGHT: Western Australia: What are the Mandatory Reporting Requirements for Registered Health Practitioners?
In early 2020, the Australian Health Practitioner Regulation Agency (AHPRA) released revised guidelines for mandatory notifications made to AHPRA by treating practitioners. These guidelines were issued in anticipation of amendments to the Health Practitioner Regulation National Law, as in force in participating states and territories. The amendments came into effect in March 2020. The purpose […]
INSIGHT: Using the new MBS telehealth item numbers to care for patients from home? Here are some of the risks and limitations for medical practitioners
As part of the national health response to the COVID-19 pandemic, the Australian Government has rolled out new temporary Medicare Benefit Scheme (MBS) ‘telehealth’ items. The purpose of these item numbers is to enable patients to receive essential health care during the pandemic whilst reducing the community transmission of COVID-19. At this stage, the item […]