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 […]
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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 […]
“Property Damage” – Sounds Simple, Right?
At its simplest, a liability policy provides cover to an insured, whose acts and/or omissions cause property damage and/or personal injury to a third party. In many claims, determining whether there has been property damage will require nothing more than a cursory review of the allegations. In others, the enquiry can be far more complicated, as […]
Deal or No Deal: from handshakes, heads of agreement to contracts – what’s legally binding, and what’s not?
Many court cases going back to the 1800s have considered whether real life sets of events or circumstances amount to a legally binding agreement, or, whether there is no actual binding agreement between the parties. As a pharmacy owner, or soon-to-be pharmacy owner, you will come across legal agreements in many forms. In your agreements […]
Show Cause Notices issued to childcare providers: do you understand your obligations?
A childcare provider who receives a Show Cause Notice may face potential suspension or cancellation of their service. In this article, we outline the purpose of a Show Cause Notice, the different instances in which they apply, and how Meridian Lawyers can assist childcare providers to respond. The National Law The Children (Education and Care […]
21st birthday parties aren’t dead, long live the party!
Ryan & Anor v Dearden & Anor [2023] QCA 20 Originating Court & Decision: Supreme Court at Rockhampton Dearden v Ryan & Anor [2022] QSC 111 Key takeaways It remains the case that the duty of care owed by a party host does not extend to protecting partygoers from the criminal acts of third parties […]
Convicted health professionals may face registration suspension
Case note: Health Care Complaints Commission v FLJ [2023] NSWCATOD 7 Key takeaways Health professionals convicted of serious criminal charges, such as domestic violence, may have their medical registration suspended. This applies if their offending conduct demonstrates traits that are inconsistent with the values of the medical profession and brings the medical profession into disrepute. Health […]
Payroll tax concerns for medical and allied health practices
Recent payroll tax decisions and policy developments in NSW, QLD, and VIC have put medical and allied health practices across the country at risk of incurring large payroll tax liabilities. This Insight provides you with critical information on how your business could be affected. Different business structures Practices using service entities to provide administrative and […]
Privacy Awareness Week 2023
Over the past 12 months we have observed a seismic shift in the focus on the privacy landscape in Australia and across the globe, with several high profile and large scale data breaches shining a spotlight on how individuals, business and governments treat and store personal information. Privacy is at the forefront of individuals’ minds. […]
Are the Australian Privacy Reforms on your radar?
The Australian privacy landscape is changing. In December 2022, amendments came into force to amend the Privacy Act 1998 (Cth) (the Privacy Act) to increase the maximum penalties related to serious and repeated breaches of the Australian Privacy Principles (the APPs) and the Notifiable Data Breaches Scheme. As a result of these amendments, the maximum […]
Industry Update: Increase in monetary jurisdictional limits of the District Court of NSW
This short update is designed to provide you with an overview of recent changes implemented by the District Court in NSW. The NSW District Court’s general jurisdictional limit has increased from $750,000 to $1,250,000 and applies to all proceedings filed in the Court on and after 16 December 2022. It should also be appreciated that […]