Ahpra has announced that a woman who falsely claimed to be a psychologist in a criminal trial before the ACT Supreme Court has been convicted and fined $2000 following a successful prosecution by the Australian Health Practitioner Regulation Agency. (Link
Bill Madden
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.
Civil liability: New practice note – Supreme Court of Victoria.
Link to VSC – Practice Note SC CL 3 – Personal injuries litigation: Effective 1 July 2026 (Link to Court webpage)
The purpose of this Practice Note is to provide guidance on the procedures to be followed in the…
Abuse: Temporary stay of proceedings (NSW).
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…
Medical: Gateway left open to re-plead novel duty of care against forensic psychiatrist.
Rubasin v Murphy [2026] QCA 125 (Link to JADE).
Ultimately Bond JA (Bradley and Doyle JJA agreeing) did not express a view on whether it is possible to plead the duty of care on which the self represented applicant apparently…
Abuse: Scheme of arrangement or compromise.
In the matter of Trustees of the Christian Brothers [2026] NSWSC 781 (Link to Caselaw).
At a hearing on 2 July 2026, the Plaintiffs sought a Moratorium Order. Specifically, the Plaintiffs sought an order, pursuant to s 411(16) of the Act, that all…
Civil liability: Queensland updates.
With thanks to Rob Davis for drawing attention to the indexation of amounts in Queensland, effective 1 July 2026.
The Civil Liability Indexation Notice 2026 and the Personal Injuries Proceedings Indexation Notice 2026 were made by the Attorney-General on 25…
Abuse: Late amendment of pleadings, affidavits in support and Wilkinson v Downton.
Jones v State of New South Wales [2026] NSWSC 741 (Link to Caselaw).
With thanks to Jack Isackson for drawing attention to this interlocutory decision regarding hearing preparation and leave to amend a statement of claim in a matter…
Medical: Bariatric surgery claim & limitation issues.
Campbell bht Mammoliti v Ritchie [2026] NSWSC 754 (Link to Caselaw).
There was ultimately a judgment for the defendant in this matter, where the defendant performed biliopancreatic diversion surgery on plaintiff in 1999.
The court was required to address…
Abuse: New edition August 2026.
Institutional Abuse of Children: Legal Remedies and Redress in Australia, 3rd edition (Link to Lexis Nexis).
The third edition of our book is due for release in about 4 weeks. A discount is available for pre-orders via the Lexis…