Weiden v YZ (No 2) [2023] VSCA 294 (on Jade).
YZ claimed that Weiden sexually assaulted him in 1974/1975 when both were members of a youth organisation when he was aged 12 and Weiden was aged 18. YZ brought
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.
Website:
https://billmaddens.wordpress.com/
Medical: Delayed diagnosis appeal.
By Bill Madden
Austen v Tran [2023] ACTCA 44 (on AUSTLII).
The appellant had brought a claim in medical negligence against a general practitioner for delay in the diagnosis of non-Hodgkin’s lymphoma, claiming that a breach of duty was constituted by general…
Abuse: Exemplary damages.
By Bill Madden
TJ v Bishop of the Roman Catholic Diocese of Wagga Wagga [2023] VSC 704 (on JADE).
With thanks to Mathisha Panagoda for drawing attention to this decision, which although heard in Victoria before a jury was subject to the…
Medical: Voluntary assisted dying & ‘carriage service’ criminal provisions regarding suicide.
By Bill Madden
Carr v Attorney-General (Cth) [2023] FCA 1500 per Abraham J (on Federal Court)
The applicant, Dr Nicholas Carr, is a doctor authorised to undertake the functions of a ‘co-ordinating medical practitioner’ and a ‘consulting medical practitioner’ under the Voluntary Assisted…
Procedure: Whether Wrongs Act 1958 (Vic) permits multiple medical panel determinations in cases involving more than one defendant.
By Bill Madden
Citywide Service Solutions Pty Ltd v Rosata; Kabbout v Crown Melbourne Ltd [2023] VSCA 281 (on JADE).
The difficulty that arose in the proceedings before the court relates to the subsequent joinder in each case of a second defendant:…
Abuse: Vicarious liability & aggravated / exemplary damages issues.
By Bill Madden
Kneale v Footscray Football Club Ltd [2023] VSC 679 (on JADE).
This matter was heard before a jury with findings and judgment on 9 November 2023. This note focuses on reasons (published on 23 November 2023) for rulings during…
Medical: 4th edition “Health Law in Australia”.
By Bill Madden
Released on 17 November 2023 was a new edition of Health Law in Australia, edited by Ben White, Fiona McDonald, Lindy Willmott and Shih-Ning Then. The table of contents is as follows:
Chapter 1 Health Law: Scope, Sources…
Medical: Ministerial directive regarding hospital care for sexual assault presentations.
By Bill Madden
Published on 17 November 2023 by the Queensland Government (available online) was an statement that a Ministerial Directive under the Hospital and Health Boards Act 2011 will be made for the first time.
Health Minister Shannon Fentiman will issue a…
Abuse: Social security payments and damages.
By Bill Madden
WQA (a pseudonym) v Archbishop Comensoli [2023] VSC 657 (on AUSTLII).
WQA, the plaintiff, had settled a claim for damages against Archbishop Peter A Comensoli and the Trustees of the Christian Brothers, the first and second defendants, for injury…
Abuse: Special leave application – stay of proceedings.
By Bill Madden
Willmot v The State of Queensland [2023] HCATrans 155 (on AUSTLII)
Edelman & Steward JJ
A grant of special leave was made in this matter on 9 November 2023.
The proposed appeal arises from Willmot v State of Queensland [2023]…