This website provides updates on medical law and related issues, mostly in Australia. It is maintained by Bill Madden.
He is a lawyer in private practice in Australia, a Fellow of the Australian Academy of Law and also an Adjunct Fellow at the School of Law and at the School of Medicine, Western Sydney University, an Adjunct Professor at the Australian Centre for Health Law Research, Queensland University of Technology and a Senior Fellow, Melbourne Law Masters, University of Melbourne.
ZZXM v CEO National Disability Insurance Agency [2024] ARTA 24 (Link to JADE).
NATIONAL DISABILITY INSURANCE SCHEME – past NDIS amounts recoverable from lump sum compensation received by participant – whether recoverable amount is correct – special circumstances –…
Bopping & Anor v Monash IVF Pty Ltd & Ors [2024] VSC 785 (Link to AUSTLII).
A little belatedly, this note (with thanks to Janine McIlwraith) draws attention to a settlement approval in a group proceeding.
The plaintiffs had…
The NSW District Court has published Practice Note 2 (Link to court website), which adopts the NSW Supreme Court practice note Gen 23.
3 February 2025 is the District Court commencement date.
With thanks to David Jones, drawing this…
Finding into death without inquest: Geoffrey Paul McConachy (Link to Coroners Court Victoria).
Following a stroke giving rise to speech impairment and depression, Mr McConachy sought information in relation to voluntary assisted dying (VAD) under Victorian law. It is…
O v P and Q [2024] EWCA Civ 1577 (Link to BAILII)
Published shortly before Christmas, this decision of the England and Wales Court of Appeal may, when the matter comes back before the court, be of importance in…
Clifford v Missionaries of the Sacred Heart [2024] VSC 812 (Link to AUSTLII).
The plaintiff claimed abuse in 1975-1977 in the form of ‘sexualised bullying’ and other incidents by five students, in the form of abuse by a member…
MC v Casa Generalizia Della Societa Dei Missionari D’Africa Detti Padri Bianchi (White Fathers) [2024] NSWSC 1658 (Link to Caselaw).
The plaintiff, MC, filed a claim against the White Fathers. He alleged that they were liable for damages, in either negligence or by way…
Lederer Group Pty Ltd v Hodson [2024] NSWCA 303 (Link to Caselaw)
With thanks to Justine Anderson for drawing attention to this decision. Although the claim arose from events in the course of employment, the decision is of interest for…
APC v Mr B (No 2) [2024] NSWSC 1608 (Link to JADE).
APC claimed damages from B for alleged sexual abuse, which was said to have occurred over the space of some years while B was in a relationship…
Secretary DFFH v Hage (a pseudonym) [2014] VSC 764 (Link to JADE).
The respondent was 15 years old and 32 weeks pregnant. The applicant Secretary, who in the position of parent and guardian to the respondent under applicable legislation,…
