WRMF and National Disability Insurance Agency [2019] AATA 1771 was an application in respect of a reviewable NDIA decision, which required the Tribunal to consider whether sexual therapy at a cost of about $10,000 per year is a reasonable and necessary support for an applicant diagnosed with multiple sclerosis. The Agency argued that the applicant was seeking the services of a replacement sexual partner. However at [3] the Tribunal noted: The applicant does not seek…

Brighten v Traino [2019] NSWCA 168 requires a brief understanding of the factual background. Facts Ms Brighten attended a bar at Cronula with a friend, Mr Provan. In the course of the night, Mr Provan became intoxicated and disruptive. The licensee of the bar, Mr Traino, asked his friend Mr Richardson to assist in evicting Mr Provan. Mr Richardson was a trained security guard but not an employee. Mr Provan was evicted, and a skirmish occurred…

Mid North Coast Local Health District v Hickson [2019] NSWCA 165 is of interest as an appellate consideration of interrogatories served by a defendant, upon a plaintiff, in relation to limitation period (discoverability) matters.…

Applied Behaviour Analysis (ABA) therapy was the subject of two recent NDIS appeals, as the two matters concerned brothers both diagnosed with autism spectrum disorder: FRCT and National Disability Insurance Agency [2019] AATA 1478 WKZQ and National Disability Insurance Agency [2019] AATA 1480 The decisions of the Tribunal required consideration of the evidence provided by the applicants and the NDIA, relevant to the the following issues in dispute between the parties in terms of what…

With thanks to Julian Johnson for drawing attention to Lazarevski v North Metropolitan Health Service [2019] WADC 84. The decision is not online yet, but this entry will be edited to include the link when it is available. Having suffered sudden onset of chest pain radiating to her left arm, the plaintiff (aged 28 years) presented to the hospital for assessment. She was discharged some 4 hours later, but without blood testing for Troponin levels.…

Benhayon v Rockett (No 10) [2019] NSWSC 792 saw an order made by the court that certain documents be provided to the Prothonotary for referral to the Legal Services Commissioner of NSW, for his consideration of whether to initiate a complaint about the conduct of a solicitor on the basis that it may be capable of amounting to unsatisfactory professional conduct or professional misconduct. The present decision recited a passage from the judgment in Benhayon …