Inquest into the death of Baby R (Link to Coroners Court Victoria).
Baby R was born at Bendigo Health on 19 August 2022 at 39 weeks and 6 days gestation by emergency caesarean section after his mother was transferred
Abuse: Appeal from refusal of stay of proceedings dismissed (Victoria).
By Bill Madden
HM (a pseudonym) v Sister Monaghan [2026] VSCA 104 (Link to JADE).
This matter involved historical child sexual abuse allegations. There was an application for a permanent stay on grounds of prejudice by reason of loss of evidence due…
Procedure: A new Gen AI practice note and Judicial Guidelines in Victoria.
By Bill Madden
The Victorian Supreme Court has issued a Practice Note for Court users and Judicial Guidelines for Judicial Officers on the use of Artificial Intelligence (AI).
The Practice Note recognises the potential of AI to enhance access to justice. It allows…
Abuse: Application to set aside settlement deed (Victoria).
By Bill Madden
Crowe v Society of the Missionaries of the Sacred Heart [2026] VSC 275 (Link to AUSTLII).
In an application to set aside a deed regarding an historical sexual abuse claim, the defendant did not oppose setting aside deed insofar…
Medical: Parens patriae – Child (Victoria)
By Bill Madden
Royal Children’s Hospital v HH [2026] VSC 197 (Link to AUSTLII).
With thanks to Rob Davis for drawing attention to this decision.
The third defendant, JJ was aged 15 years and five months. In November 2022, JJ was diagnosed with B-cell…
Undertakings under the OHS Act (Vic)
By M. Eburn
Today’s question is about how long undertakings, given to resolve a matter under the Occupational Health and Safety Act 2004 (Vic) (‘OHS Act’) apply. The context relates to the prosecution of Victoria SES following the death of a volunteer in 2007 and…
Abuse: Application to set aside prior settlement deed.
By Bill Madden
Cornwall v Seventh-day Adventist Schools (Victoria) Ltd [2026] VSC 238 (Link to JADE).
The applicant alleged abuse in 197401975 when a school student. She brought a claim for compensation which was settled in 2016.
The applicant then sought to…
‘No Truck’ and ‘Load Limit’ signs and Victoria’s CFA
By M. Eburn
Today’s correspondent, from Victoria, is looking for:
… clarification on “No Trucks” (Rule 104) and “Load Limit” (non-existent Rule 103) signs. There seems to be some misinterpretation amongst many within my organization when I talk to various people.
My interpretation…
Consent and hospital policies – Gawthrop v Bendigo Health
By M. Eburn
I’ve been asked to comment on the decision in Gawthrop v Bendigo Health [2026] VSC 157 (27 March 2026), a case that’s been described by Dr Danny Tucker, obstetrician and blogger as ‘the most significant Australian consent case for intrapartum…
Civil liability: Litigation guardian guidelines.
By Bill Madden
A guideline to assist to people understand the role and responsibilities of a litigation guardian has been launched by Court Services Victoria. The Litigation Guardians guideline – the first of its kind in Victoria – is aimed at helping potential litigation…