The State of Western Australia v Barber [2026] WASCA 130 (Link to AUSTLII).
With thanks to Rob Davis for drawing attention to this unusual appeal.
In his primary claim Mr Barber alleged that the Director‑General was responsible for his
WA Health ‘Use of Restrictive Practices in Non-Authorised Healthcare Settings Policy’ (19 July 2024).
By M. Eburn
Today’s question follows on from an earlier post: No power to detain a patient just because it’s good for them (January 22, 2023). For related posts see also:
…
Requiring bush fire mitigation in remote Aboriginal communities – WA
By M. Eburn
Today’s correspondent asks about enforcing the need for fire breaks in Western Australia. They say:
As a fire manager we find that local governments that are responsible for the enforcing & infringing of Firebreak notices are very reluctant – or believe they…
Medical: Inference of factual causation – birth claim.
By Bill Madden
Daniella Lalezari v North Metropolitan Health Service [2026] WADC 68 (Link to JADE).
This claim arose from the birth of the plaintiff in 2020 at King Edward Memorial Hospital. At birth, she was in a critically compromised condition, described…
Impact of Adoption Discharge on Succession Rights: Lise v Boulton [2026] QSC 176
Lise v Boulton [2026] QSC 176 considers whether the discharge of an adoption order restores eligibility to claim family provision from a biological parent’s estate.
Eligibility is a threshold requirement in family provision proceedings. Most disputes concern the status of a…
WA surrogacy parents: register now for parentage orders
By Eman T.
Western Australians who have had a child through surrogacy, whether in Western Australia, elsewhere in Australia or overseas, may soon have an important opportunity to obtain legal recognition as parents.
The Western Australian Government is seeking registrations from past surrogacy…
WA surrogacy law: same-sex couples win landmark case
By Stephen Page
For far too long, Western Australia singled out gay couples, single men, and many others in the LGBTQIA+ community for unequal treatment under its surrogacy law. That discrimination has now been struck down in a landmark case, and it is…
Medical: Misadministration of medication and mental harm.
By Bill Madden
Moffatt v North Metropolitan Health Service [2026] WADC 6 (Link to JADE).
The plaintiff brought this action against the defendant for alleged negligence in relation to the alleged misadministration of the magnesium sulphate infusion in anticipation of premature delivery…
Driving on a road closed due to an emergency – WA
By M. Eburn
Today’s correspondent says:
I understand in WA that during an emergency:
“Traffic Controllers in attendance at a road closure do not have the authority to prevent access, but may take details of the registration plate number of any road user…
Mediation: Disclosure & contempt.
By Bill Madden
Keogh v Bartlett [2026] WASC 166 (Link to Austlii).
With thanks to Tina Cockburn for drawing attention to this recent decision of the Supreme Court of Western Australia.
The plaintiff sought orders that each of the first defendant (Mr…