KLH v Northern NSW Local Health District [2026] NSWCA 136 (Link to Caselaw).
Leave was granted by the appeal dismissed in this matter, where the appellant was self represented. Reproduced below is the court headnote.
HEADNOTE
JTR is an
Abuse: Damages assessment & Cross claim by State against schoolteacher.
By Bill Madden
NS v State of New South Wales (Department of Education) [2026] NSWDC 254 (Link to JADE).
The plaintiff NS claimed for abuse by a teacher while at a primary school. The tortious conduct then allegedly continued after she had…
Dismissal of two FRNSW retained firefighters not unfair
By M. Eburn
In Andrews v Commissioner, Fire and Rescue NSW; Murrell v Commissioner, Fire and Rescue NSW [2026] NSWIRComm 1062 the Industrial Relations Commission heard two cases of alleged unfair dismissal brought by two retained firefighters at the Branxton-Greta Fire station. Both were…
Court Appoints Independent Administrator in Estate Dispute
When an executor fails to administer an estate and family conflict brings the administration to a standstill, the Supreme Court has broad powers to intervene. One of its most effective remedies is appointing an independent administrator to ensure the estate…
Civil liability: No duty of care in context of functions in relation to care and protection of a child.
By Bill Madden
Mary Smith (a pseudonym) v Secretary Department of Communities and Justice [2026] NSWDC 249 (Link to Caselaw).
The plaintiff is the mother of a child who was born in 2016. In 2017 the child was placed by the defendant…
Constructive Trusts and Failed Joint Endeavours: Cunningham v Peterson [2026] NSWSC 774.
A constructive trust is an important equitable remedy for preventing unfair outcomes where the strict legal ownership of property no longer reflects the justice of the parties’ relationship. While registered title under the Real Property Act 1900 generally provides indefeasible ownership, courts…
Abuse: Family setting.
By Bill Madden
Mayberry v Mayberry [2026] NSWDC 238 (Link to JADE).
The plaintiff alleged sexual abuse on the part of the defendant (his uncle) when the plaintiff was aged 11-15 years. The defendant denied the abuse. The trial judge reviewed the…
FBEU NSW ‘Code Red’ industrial action still in place?
By M. Eburn
Today’s question relates to the position taken by the Fire Brigades Employee’s Union (the FBEU) to requests to assist NSW Ambulance to load a patient. The FBEU took the view that ‘ambulance assist’ calls were rescue calls and so the ambulance…
Changes coming to NSW drug legislation
By M. Eburn
Thank you to Oscar who in a comment on my post Authority for NSW first aiders to carry methoxyflurane (July 11, 2026) drew my attention to the fact that the Medicines, Poisons and Therapeutic Goods Act 2022 (NSW), along with…
Abuse: Temporary stay of proceedings (NSW).
By Bill Madden
ABM v DDM [2026] NSWSC 779 (Link to Caselaw).
The plaintiff sued the defendant for sexual abuse or other sexual misconduct allegedly committed by the defendant between when the plaintiff was six years old and when the plaintiff was 14 years…