Health Care Complaints Commission v Crickitt [2019] NSWCATOD 141 (available on Caselaw) saw an application by the Commission for the cancellation of registration of a medical practitioner. As noted previously, the medical practitioner had been convicted of the murder of his spouse: see Crickitt v R [2018] NSWCCA 240 (also available on Caselaw). The order sought for the cancellation of the registration of the respondent as a medical practitioner was pursuant to s 149C(1) of…

McKenzie and National Disability Insurance Agency [2019] AATA 3275 (available on Jade here) saw the decision under review set aside and remitted to the NDIA with the direction that the “statement of participant supports” in the plan is to include sufficient funding to enable the replacement of the ducted air-conditioning system in the Applicant’s home. The Applicant suffered from Multiple Sclerosis. The Tribunal held that on a plain English construction, “replacement” of an air-conditioning…

Kempster v Healthscope Operations Pty Ltd [2019] ACTSC 248 (available on Jade here) saw the plaintiff allege negligent administration of heparin injection causing nerve damage to left thigh post-surgery. The decision focused on factual  findings, in particular at [144] – [145]: I accept that for a nurse such as Mr Nunes the giving of a heparin injection was a reasonably routine mechanical task, as opposed to the giving of advice or warnings in…

The NSW Law Society has helpfully reported that the National Disability Insurance Agency (NDIA) has comprehensively updated its Operational Guidelines concerning compensation in the NDIS context (the “Compensation Operational Guideline”). The updated guidelines relate to the compensation provisions set out in the National Disability Insurance Scheme Act 2013 and the National Disability Insurance Scheme (Supports for Participants – Accounting for Compensation) Rules 2013. The updated guidelines outline the NDIA’s processes for recovery and the calculation of a…

Di Paolo v The Queen [2019] VSC 194 (available on AustLII here) saw unsuccessful leave to appeal applications in respect of conviction and sentence by Raffaele di Paolo, who had been convicted for fraudulent misrepresentation of medical qualifications. As noted by the Court at [2]: In the broadest of terms, these charges arise from the activities of the applicant over a 10-year period. Before, during and after that period, the applicant falsely represented that…

‘Damages for Wrongful Fertilisation: Reliance on Policy Considerations’ is the title of a recent article in Deakin Law Review by Chen Meng Lam. The author argues that the Singapore Court of Appeal’s decision in ACB was correctly made in rejecting the upkeep claim and focusing on the value of biological relationships in recognising an interest in genetic affinity.…

The Australian Government invites submissions on a package of legislative reforms on religious freedom. These are now available online: Religious Discrimination Bill 2019 Religious Discrimination (Consequential Amendments) Bill 2019 Human Rights Legislation Amendment (Freedom of Religion) Bill 2019. The outline of reforms states: The Religious Discrimination Bill 2019 prohibits discrimination on the ground of religious belief or activity in key areas of public life. It also creates the new office of the Freedom of Religion…