When the executor fails to administer the estate.
Civil Contempt
In AMIEU v Mudginberri Station Pty Ltd (1986) 161 CLR 98;[1986] HCA 4, the High Court (Gibbs CJ, Mason, Wilson and Deane JJ) commented on the development of a distinction
Medical: Application for Tribunal’s consent to vasectomy (WA).
By Bill Madden
JC [2026] WASAT 13 (Link to eCourts portal).
With thanks to Phil Gleeson for drawing attention to this matter, which may be the first dealing with sterilisation of a male.
JC is 23 years old. JC has a rare genetic…
Restraining a patient in self-defence – WA
By M. Eburn
Today’s correspondent wants to revisit the issue of patient restraint in Western Australia. They start by saying ‘You wrote a post some time ago in reference to court case in WA concerning the non-lawful restraint of a patient by security…
Access to restricted documents concerning settlement under Order 70 Rule 10 of the Supreme Court Rules 1971 (WA)
In Western Australia, a “next friend” is the mechanism the Supreme Court uses to ensure that people who cannot conduct litigation for themselves—such as children or adults lacking legal capacity—are adequately protected. Under Order 70 of the Rules of the…
Medical: Extension of time to commence claim (WA).
By Bill Madden
Gale v East Metropolitan Health Service [2026] WADC (Link to Jade).
The court held at [38]:
(a) as to the Gateway Issue, the plaintiff has passed through the first gateway (s 39(3)(a)) and the second gateway (s 39(3)(b)), either of which enlivens the…
“Act in Haste, Repent at Leisure”
By M. Eburn
(See https://givemesomeenglish.com/act-in-haste-repent-at-leisure-vs-haste-makes-waste/ though the proper quote appears to be ‘Marry in haste, repent at leisure’ (https://www.phrases.org.uk/meanings/married-in-haste.html) but that would not be relevant to this post).
Mr Jeater may have ‘acted in haste’ when, at a meeting of the…
Abuse: Assessment of damages for abuse by family member & basis for assessment of loss of earning capacity.
By Bill Madden
PANAYOTOU -v- PANAYOTOU [2025] WADC 100 (Link to JADE).
Ms Panayotou’s claim was for damages for battery committed upon her by her paternal grandfather; the defendant Mr Pandalis Panayotou. The battery was constituted by repeated sexual abuse of Ms…
Is the West Australian Surrogacy Act Unconstitutional?
By Stephen Page
The West Australian Surrogacy Act is at the centre of a constitutional challenge that could transform who may lawfully pursue surrogacy in Western Australia. The matter was heard in the Supreme Court on 18 November 2025, and judgment was expected…
Medical: Limitation extension refused (Western Australia).
By Bill Madden
Meo v Facial Plastic Surgery Pty Limited [2025] WADC 88 (Link to JADE).
Margaret Meo had a cosmetic facial treatment performed at Academy Face and Body, a plastic and cosmetic surgery clinic operated by the first defendant Facial Plastic Surgery Pty Ltd.…
Guardianship Rights in Western Australia Estate Cases
Matthew Sims (the deceased) died intestate on 22 May 2024, leaving three children: Molly (17), Thomas (16), and Sebastian (12). Molly and Thomas’s mother, Rebecca Moylan (the plaintiff), was previously in a de facto relationship with the deceased, which ended…