Insights Categories: Health

In August 2022, the Supreme Court of Queensland granted a permanent stay of proceedings in the matter of Willmot v State of Queensland[1], which involved allegations of child sexual and physical abuse occurring between 1957 and 1967.  Chief Justice Bowskill concluded that a fair trial was not possible due to the passage of time since […]

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 […]

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 […]

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 […]

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 […]

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. […]

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 […]

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 […]

Introduction This insight reports on the recommendations from the ‘Report on Litigious Costs’ (the Report) recently released by the Supreme Court and County Court of Victoria (the Courts) [1]. The Report considers whether it is  appropriate for the Supreme and County Courts to continue to use the current Scale based approach in fixing litigious costs, […]

The Health Insurance Act 1973 and the Health Insurance Regulations 2018 (Regulations) permit eligible midwives and eligible nurse practitioners to provide some services that are funded through the Medicare Benefits Schedule and prescribe certain medications subsidised under the Pharmaceutical Benefits Scheme provided they meet the relevant skills and qualifications criteria. In order to provide these […]

Warning: This Case Note discusses serious sexual and physical abuse. We recently published a Case Note about the Queensland Supreme Court decision of Willmot v State of Queensland [2022] QSC 167, which outlined when a permanent stay should be granted in a case involving allegations of historical sexual and physical abuse that were said to […]