Insights

If there was any doubt as to who bears the burden of proof when assessing the residual earning capacity of a plaintiff, the NSW Court of Appeal has made it plain in the case of South Western Sydney Local Health District v Sorbello [2017] NSWCA 201: the onus of establishing that a plaintiff has remaining […]

Two decisions by the New South Wales Civil and Administrative Tribunal (the Tribunal) in 2017 have conveyed a firm warning to health professionals about the appropriate observance of professional boundaries with their patients. Meridian Lawyers assisted both practitioners involved in the respective hearings, one being a psychologist[1] and the other a chiropractor[2].  Although each case […]

In this short clip produced by BenchTV, Peter Axelrod explains the fundamentals of effective negotiation. Peter discusses the importance of the “3Ps” of negotiation: Preparation, Patience and Perception and explains their interrelationship and centrality to negotiation. Peter also briefly outlines key negotiation strategy and explains the importance of having tactics and strategies  to ensure the negotiation […]

The Victorian government has introduced a suite of legislative amendments in the form of the Health Legislation Amendment (Quality Safety) Act 2017, to help improve healthcare quality and safety across the state in both the public and private sectors. The amendments were triggered by recommendations made by Dr Stephen Duckett in his report titled “Targeting […]

The Medical Board of Australia has announced the implementation of a new Professional Performance Framework that will apply to registered medical practitioners in Australia. The Board proposes to introduce performance processes for practitioners with a record of multiple substantiated complaints against their registration, as well as for practitioners over 70 years of age. Australia does […]

In this video, originally published by BenchTV,  Principal Andrew Saxton and Anthony Bartley SC discuss the salient features of Tinnock v Murrumbidgee Local Health District (No 6) [2017] NSWSC, specifically, a phrase in a consent form, signed and read by the plaintiff, which allegedly evoked an understanding that her surgical operation might be performed by […]

The Australian Health Practitioner Regulation Agency (AHPRA) celebrated an enforcement win in October this year, with the successful prosecution of a corporation for breaches of the advertising provisions under the Health Practitioner National Law 2009 (the ‘National Law’). Wellness Enterprises Pty Limited was found guilty in respect of 17 charges relating to unlawful advertising, and […]

Recent amendments to Regulatory Guide 126 highlight that financial service providers should regularly review their PI cover to ensure compliance with their regulatory and AFS Licence requirements. In or about August this year, ASIC release findings following a review of professional indemnity (PI) insurance policies held by a sample of 56 small AFS licensees to […]

In derivatives trading disputes a financial services provider may seek to rely on the terms and conditions of the client agreement and trading practices to close out positions. The Financial Ombudsman Service (FOS) has indicated that in resolving disputes concerning a broker’s authority to ‘close out’ or manage a margin, that it will not only […]

On 1 September 2017, a ban was imposed on the practice of charging customers excessive surcharges on card payments pursuant to Competition and Consumer Amendment (Payment Surcharges) Act 2016. It will affect all businesses operating in Australia or businesses utilising an Australian bank when charging customers payment surcharges for using a credit card or debit card for payment including EFTPOS, […]