Insights Categories: Litigation

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 […]

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, […]

On 30 November 2022, the Health Legislation Amendment (Quality and Safety) Act 2022 (Vic) will come into effect. This legislation amends the Health Services Act 1988 (Vic) [1] (Act) to impose new legal obligations on relevant Victorian Health services, requiring them to provide a Statutory Duty of Candour to any patient who has suffered a […]

UK: Winding back Bell v Tavistock[i]; High Court affirms that parents can consent to puberty blockers on behalf of their children, which are not (of themselves) part of any “special category” of treatment requiring Court approval. Abstract In AB v CD & Ors[2], the UK High Court effectively reversed the practical effects of Bell (which […]

R v Tavistock, Gender Dysphoria and Children: puberty blockers “interlinked” with cross-sex hormones such that informed consent extends to understanding future physical consequences of treatment; under 16s “highly unlikely” to be Gillick competent. Introduction In R v Tavistock[1], The UK High Court has held that treatment for Gender Dysphoria (“GD“) is contingent on court approval […]

Evidence and Transfer – A summary of recent Decisions of the Supreme Court in Central Queensland Key issues: Plaintiff will undergo medico-legal examination by video conference due to COVID-19 travel restrictions Is the Defendant’s request for medico-legal examination unreasonable or unnecessarily repetitious? Plaintiff’s Application for broad orders to inspect unidentified loaders dismissed Considerations of the […]

Abstract Western Australian hospital unsuccessful in appealing a finding of negligence based on an alleged failure to suspect, recognise and treat an infant patient for sepsis subsequent to a burn injury, leading to cardiac arrest, multi-organ failure, brain damage and cerebral palsy.[1] Damages yet to be agreed or assessed.   District Court proceedings[2] Sunday Mabior […]

As our clients will all be well aware, Victorian courts have presently suspended jury trials until further notice in response to the COVID-19 pandemic.  This means that unless alternatives are found, many trials will be postponed for hearing once the restrictions are lifted, and will have to jostle for court time together with the ordinary […]

Chester v WA Country Health Service [2019] WADC 152 The facts Mr Chester (Plaintiff) was a 26 year old male who worked as plasterer by trade. On 31 July 2009 he suffered an injury to his left shoulder and presented to the Busselton Regional Hospital (Hospital) complaining of pain, general bruising and some grazing of […]