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.

Revised Guidelines for mandatory notifications: Health practitioners

By Bill Madden

February 20, 2020

AHPRA has released revised guidelines in anticipation of changes to mandatory notification requirements coming into effect in early March 2020. The revised guidelines explain the requirements to make mandatory notifications under the updated legislative requirements for treating registered health practitioners, non-treating registered health practitioners, employers of registered health practitioners and education providers to make mandatory notifications under the updated legislative requirements. Separate guidelines for notifications about students and practitioners have been developed.…

Bill Madden's Blog

Voluntary Assisted Dying report of operations (Victoria, 2019)

By Bill Madden

February 19, 2020

By law, the Voluntary Assisted Dying Review Board is required to report to Parliament every six months for the first two years. A report has been published for the second half of 2019. Australian Doctor newspaper, summarising the report, states that 52 patients ended their lives between mid-June last year, when the scheme first started, and 31 December. 9 were administered fatal medication by a doctor. The next report will be tabled by August 2020.…

Bill Madden's Blog

Abuse: Damages assessment

By Bill Madden

February 19, 2020

Waks v Cyprys & Ors [2020] VSC 44 (available on Jade) saw a damages assessment against a remaining defendant / perpetrator in a child sexual abuse claim. Issues touched on included that of concurrent tortfeasors, earlier abuse by a different tortfeasor and the scope for award of aggravated or exemplary damages.…

Bill Madden's Blog

Abuse: Damages assessment

By Bill Madden

February 19, 2020

Bill Madden's Blog

Permanent stay of proceedings: Appellate consideration

By Bill Madden

February 19, 2020

With thanks to Ben Madden for drawing attention to Gorman v McKnight [2020] NSWCA 20 (available on Caselaw), an appellate consideration of the decision involving the executors of the Estate of Judd [2018] NSWSC 1489 (available on AUSTLII). At first instance a permanent stay of proceedings was refused in a child sexual abuse claim (despite the death of the alleged perpetrator) and the NSW Court of Appeal was called upon to revisit that…

Bill Madden's Blog

Settlement not approved: Loss of earning capacity

By Bill Madden

February 17, 2020

Dalley by her tutor Lisa Walsh v Hood [2020] NSWSC 89 (available on Caselaw) saw an application for approval of a settlement for a plaintiff injured as a child and remaining a disable plaintiff by reason of her disabilities. Approval of the settlement was refused on the basis outlined at [5] in respect of future economic loss, though it was also said that it was unnecessary to comment upon whether other aspects of the…

Bill Madden's Blog

Settlement not approved: Loss of earning capacity

By Bill Madden

February 17, 2020

Bill Madden's Blog

Indemnity costs order refused

By Bill Madden

February 17, 2020

Coffey v Murrumbidgee Local Health District formerly known as Greater Murray Area Health Service [2020] NSWSC 80 (available on Caselaw) saw a defendant’s application for an indemnity costs order resisted by the plaintiff. The substantial burden of the plaintiff’s submissions was that the offer of compromise was made too soon, in the sense that the evidence was not then complete on either side, so that it was in effect unreasonable for the defendant to…

Bill Madden's Blog

Indemnity costs order refused

By Bill Madden

February 17, 2020

Bill Madden's Blog

Abuse: Vicarious liability and conduct of investigation claims (UK)

By Bill Madden

February 15, 2020

BXB v Watch Tower And Bible Tract Society of Pennsylvannia & Anor (Rev 1) [2020] EWHC 156 (QB) (30 January 2020) (available on BAILII) applied English law to its consideration of vicarious liability for the sexual assault of a Jehovah’s Witness member by an elder of the congregation. Of broader interest is an obiter but imcomplete consideration of whether the defendants should be liable for the conduct of an investigation into a complaint made…

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Revised Guidelines for mandatory notifications: Health practitioners

Voluntary Assisted Dying report of operations (Victoria, 2019)

Abuse: Damages assessment

Abuse: Damages assessment

Permanent stay of proceedings: Appellate consideration

Settlement not approved: Loss of earning capacity

Settlement not approved: Loss of earning capacity

Indemnity costs order refused

Indemnity costs order refused

Abuse: Vicarious liability and conduct of investigation claims (UK)

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