Insights

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

Shaw v Insurance Australia Group Limited t/as NRMA Insurance [2023] NSWSC 1273 Introduction In this case, Justice Rothman of the Supreme Court, has identified what is necessary for the President of the Commission (or their delegate) to be satisfied when considering whether a material error has occurred, permitting a review of a medical assessment under […]

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

Amos v AAI Limited t/as GIO [2023] NSWSC 1193 Introduction When deliberating a question or matter which will inform a Review Panel’s decision, to what extent must the Claimant be aware of, and propositioned about, the issue at hand? In Amos v AAI Limited t/as GIO the Supreme Court clarified this duty in circumstances where […]

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

Blue Op Partner Pty Ltd v De Roma [2023] NSWCA 161 (12 July 2023) In Blue Op Partner Pty Ltd v De Roma [2023] NSWCA 161, it was held that tripping on a raised edge formed by a pit lid and frame set in a footpath was an “obvious risk” under the Civil Liability Act […]

Cyber Security Awareness Month – Are you cyber aware?

October is Cyber Security Awareness Month (CSAM). CSAM is an annual reminder for Australians to stay safe online and protect your online information and assets. The theme for CSAM 2023 is ‘be cyber aware – don’t compromise’. CSAM is an opportunity for businesses to review their understanding of ‘cyber security’ as a concept while continuing […]

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

Hastwell v Parmegiani [2023] NSWSC 1016 In Hastwell v Parmegiani [2023] NSWSC 1016, the NSW Supreme Court reaffirmed the immunity of expert witnesses. In the following case note, we examine this decision more closely and provide further clarification on the witness immunity rule in Australian law.  Key Findings Even when it is alleged that an […]

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

Mandoukos v Allianz Australia Insurance Limited [2023] NSWSC 1023 In Mandoukos v Allianz Australia Insurance Limited the Supreme Court clarifies whether a surgical procedure impacts the nature of an injury; specifically whether it can transform a minor (threshold) injury into a non-minor (non-threshold) injury within the meaning of the Motor Accident Injuries Act 2017. Principles […]

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

Seeking to establish a new PBS approved pharmacy in a large medical centre is made less complex by partnering with an experienced pharmacy lawyer. The PBS approval process is multifaceted and requires a number of key requirements to be met to satisfy Pharmacy Location Rules. In this article, we explore the process of obtaining PBS […]

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

The Supreme Court of NSW provides clarity in IAG Limited t/a NRMA Insurance v Richards regarding the use of inferences, including the doctrine of res ipsa loquitor when determining the issue of fault in motor accident claims. Principles The insurer bears the burden of proof in establishing that a claimant wholly or mostly caused an […]

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

Many complexities can arise during your pharmacy ownership journey. It makes good business sense to partner early with a trusted legal advisor to help guide and advise you through each critical stage of the buying and selling process. By partnering early with a lawyer with relevant pharmacy sector experience, you will avoid common pitfalls, manage […]

Can a patient under 18 provide informed consent?

There is no clear yes or no answer. As we explain, consent will depend on the individual. In any case, understanding your rights and the rights of your patient is imperative. Defining informed consent Put simply, informed consent is a patient’s voluntary decision to agree to treatment after being informed by a practitioner of all […]

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

Abstract The ACT Court of Appeal has overturned the decision of Rubino v Ziaee[1] in which the Supreme Court of the ACT imposed a more burdensome duty of care on a general practitioner (GP). The GP was found to be in breach of his duty by failing to follow up referrals to a general surgeon […]

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