Insights

  • Insurance,
  • Feb 9, 2021
  • Author: Robert Minc
  • INSIGHT: Are all activities performed in a gym recreational? The court says no.

    Powell v JFIT Holdings Pty Ltd t/as New Dimensions Health and Fitness Centre [2020] NSWDC 264 Background On 4 February 2016, a gym member twisted her back while clearing weights strewn about the floor of the gym to make space for her exercise regime. She sustained a serious spinal injury which has resulted in ongoing […]

  • Insurance,
  • Jan 21, 2021
  • Author: Robert Minc
  • INSIGHT: In accommodation settings, does ‘slippery when wet’ mean liable?

    Nikolich v Webb [2020] WASCA 169 (21 October 2020) Key takeaways Due to the operation of s 50 of the Civil Liability Act 2002 (WA), there is no duty to warn of an obvious risk. The risk of slipping and falling on a wet bathroom floor where the floor is not uniquely slippery, is an […]

  • Corporate & Commercial,
  • Dec 4, 2020
  • Author: Hayley Bowman
  • INSIGHT: New Zealand’s Privacy Act Overhaul

    On 1 December 2020, the Privacy Act 2020 (NZ) (the NZ Privacy Act), repealed and replaced the Privacy Act 1993 (NZ). The NZ Privacy Act better aligns the privacy law in New Zealand (NZ) with international best practice. Importantly, for Australian residents and organisations, it means greater security and accountability for cross-border flow of personal […]

  • Health,
  • Dec 1, 2020
  • Author: Kellie Dell’Oro
  • INSIGHT: A case scenario on patient privacy – can I discuss a deceased patient’s care with their family members?

    Meridian Lawyers often receives calls from doctors and other health practitioners requesting one-off advice relating to their day-to-day practice. Recently, we have received a number of requests for advice about patient privacy and more specifically about the circumstances in which a health practitioner might be permitted to discuss a deceased patient with their family. The […]

  • Health,
  • Nov 9, 2020
  • Author: Kellie Dell’Oro
  • INSIGHT: A case scenario on death certificates – who can sign them and when?

    Meridian Lawyers often receives calls from doctors and other health practitioners requesting one-off advice relating to their day-to-day practice. One common and enduring theme of these requests for advice is death certificates – who can prepare them, and when? For example, if a patient dies in an aged care home, can a locum doctor certify […]

  • Health,
  • Oct 28, 2020
  • Author: Daniel Davison Author: Sarah Twinn
  • INSIGHT: Federal Court of Australia confirms Professional Services Review (PSR) has the power to order part repayments

    Professional Services Review (PSR) is a Commonwealth Agency whose objective is to protect the integrity of the Commonwealth Medicare benefits, dental benefits and pharmaceutical benefits programs and, in doing so, protect patients and the community from the risks associated with ‘inappropriate practice’, and protect the Commonwealth from having to meet the cost of medical and […]

  • Health,
  • Oct 19, 2020
  • Author: Kellie Dell’Oro
  • INSIGHT: Coroners Court Directions Hearings now required within 28 days for mandatory inquest deaths

    The Victorian State Coroner recently issued Practice Direction 5 of 2020 – ‘Directions Hearings in Mandatory Inquests’, requiring that in all cases where an inquest must be held, and unless reasons exist otherwise, a Directions Hearing will be convened within 28 days of the death being reported to the Coroner. A mandatory inquest is required […]

  • Health,
  • Oct 2, 2020
  • Author: Chandrika Darroch
  • INSIGHT: No half doses in pharmacy ownership

    A reminder to pharmacy proprietors of their key responsibilities Meridian Lawyers regularly assists a range of healthcare professionals to understand the legal and professional obligations that attach to their particular profession. Recently, in NSW, we have assisted a number of proprietor pharmacists who have come under close scrutiny by the Pharmacy Council of NSW following […]

  • Health,
  • Sep 25, 2020
  • Author: Kellie Dell’Oro
  • INSIGHT: VCAT upholds use of immediate action power to suspend doctor over social media use

    Meridian Lawyers recently published an article examining the power to take immediate action against health practitioners under section 156 of the National Law (if you missed it, that article can be read here). It considered a recent VCAT decision[1], wherein a doctor was suspended under section 156(1)(e), being the power to take immediate action in […]

  • Health,
  • Sep 22, 2020
  • Author: Andrew Saxton
  • INSIGHT: UK High Court applies established duty of care principles to legalise professional guidance which permits disclosure of confidential information to a proximate third party without consent

    ABC v NHS — Background The UK High Court[1] applied established duty of care principles to legalise professional guidance which permits disclosure of confidential information to a proximate third party without consent, in circumstances where the medical professional has properly undertaken the requisite balancing exercise of risks and interests affecting the patient, third party and […]

  • Corporate & Commercial,
  • Sep 14, 2020
  • Author: Georgina Odell
  • INSIGHT: Pharmacy relocation – tips for navigating the critical steps

    The need to relocate an existing pharmacy can arise for a variety of reasons. Meridian has recently advised pharmacies moving within the same shopping centre (for example, to take advantage of a larger sized shop), and a pharmacy in a medical centre moving to a new location along with the medical practice. While moving from […]

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