Insights

An expansion of claims for loss of earning capacity. The High Court of Australia has held that a superannuation pension can be included in the calculation of damages in a negligence action. [1] The 71 year old plaintiff, Mr Latz, was diagnosed with terminal malignant mesothelioma, in October 2016.  He issued proceedings against Amaca Pty […]

New resources provided by AHPRA and National Boards aim to help health practitioners understand and comply with their legal and professional obligations under the National Law. Understanding and meeting legal obligations with regard to advertising and avoiding complaints to regulators can be a daunting task for health practitioners. The national regulator, AHPRA, has released a […]

In response to criticism, the Australian Health Practitioner Regulation Agency (AHPRA) and the Medical Board of Australia (The Board) have revised the policy of publishing links to all tribunal decisions on the National Register.  The Board has removed links to tribunal decisions, but only those in which there was no adverse finding regarding the doctor. […]

2 July 2018 saw a huge change in the practical and legal governance of child care benefits across Australia with the introduction of the new Child Care Subsidy (CCS) and removal of Child Care Benefit and Child Care Rebate. CCS continues to be regulated by the A New Tax System (Family Assistance) Act 1999 and […]

Principal Robert Crittenden and Dominic Priestley SC discuss the recent New South Wales Supreme Court decision (Ball J) in Bettergrow Pty Limited v TransGrid (No 2). Produced by BenchTV, this video explores some of the key facts and findings of the case, bringing to light an important discussion about the duty of care requirement. In particular, […]

Refresher on damages for economic loss and domestic assistance where there are pre-existing conditions. Gulic v Angelovski[1] Facts  Mr Gulic was injured in a motor vehicle accident (MVA) in 2004.  In 2013, he commenced proceedings in the District Court of NSW at Sydney against separate firms of solicitors, alleging breach of duty by the solicitors […]

In the wake of the “Betrayal of Trust Inquiry” the Victorian government is rolling out wide ranging new legislative amendments[1] in the form of the Reportable Conduct Scheme (the Scheme).  These changes aim to strengthen organisational responses to child abuse allegations, and ensure systems are in place to prevent child abuse. Changes include strict reporting and […]

Debate as to whether Australia’s unfair contract terms laws (UCT laws) should be extended to insurance contracts has raged periodically since the UCT laws were introduced. In December 2017 the Government announced that it would extend the UCT laws to insurance. In June 2018 Treasury released a Proposals Paper outlining its proposed model. On 24 […]

Meridian Lawyers is pleased to advise that the class action that was commenced on behalf of John and Rosemary Smith against Australian Executor Trustees Limited in relation to the failure of Provident Capital has settled in principle, subject to the completion of settlement documentation. The settlement will still need to be approved by the Court. […]

This article was originally published as a PDL Practice Alert. It was written by Scott Ames, Principal and PDL Professional Officers, John Guy and Gary West. A recent inquest into the death of an elderly patient in Victoria [1] has put a spotlight on a pharmacist’s duty to exercise independent judgement when dispensing medication.   Background On 29 […]