Kawicki v Trustees of the Marist Brothers t/as Marist Brothers Sydney Province [2026] NSWCA 220 (Link to Caselaw).
HEADNOTE
The appellant, Mr Tadeusz Kawicki, alleged that he was the victim of both sexual abuse and physical abuse while he
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/
High Court: Extraction and freezing of a prisoner’s eggs.
By Bill Madden
Smith v Chief Executive, Queensland Corrective Services [2026] HCA 37 (Link to AUSTLII)
COURT SUMMARY
Today, the High Court allowed an appeal from the Court of Appeal of the Supreme Court of Queensland. The issue was whether the extraction…
Civil liability: Argument for a novel category of care.
By Bill Madden
SC (name suppressed) v Integroe Partners Pty Ltd t/as Integroe Partners [2026] NSWDC 367 (Link to Caselaw).
The plaintiff was self represented in this matter. The reasons for judgment are quite long – not all of the issues are summarised…
Civil liability: The correct approach to loss of services claims in Compensation to Relatives Act 1897 (NSW) proceedings – Referral to Court of Appeal.
By Bill Madden
Griffiths v Nesbitt [2026] NSWSC 1247 (Link to Caselaw).
On 26 July 2022, Leanne Griffiths, a mother of two daughters, died of cervical cancer at 49 years of age. Her husband, Daryl Griffiths, commenced a compensation to relatives proceedings…
Medical: Fasciotomy surgery – Injury and mental harm claims.
By Bill Madden
Zvicer v Hunter New England Local Health District [2026] NSWSC 1241 (Link to Caselaw).
The plaintiffs’ claims in this matter (for personal injury and mental harm) were ultimately dismissed, as outlined below.
Ms Zvicer claimed that the failure to…
Civil liability: Non-economic loss order indexation (NSW).
By Bill Madden
Civil Liability (Non-economic Loss) Order 2010 (Link to legislation).
As from 1 October 2026, the maximum amount for damages for non-economic loss is $829,000.
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Civil liability: Intent to cause injury does not require specific injury (NSW).
By Bill Madden
Music v State of New South Wales; State of New South Wales v Music [2026] NSWCA 206 (Link to JADE).
This note is drawn from the rather long case headnote., with the early part of the headnote focusing on…
Abuse: Claim against school groundskeeper.
By Bill Madden
VLS3 v Osborne [2026] NSWSC 1184 (Link to JADE).
The Plaintiff brought proceedings against the State of New South Wales (Department of Education) as First Defendant and Rex Thomas Osborne as Second Defendant. The Plaintiff settled her claim against…
Abuse: Self incrimination and application to dispense with requirement to plead a complete defence.
By Bill Madden
Froome v State of New South Wales [2026] NSWSC 1193 (Link to Caselaw).
The plaintiff claimed arising from sexual abuse when she was a student. The second defendant was a teacher at the school.
The second defendant filed a…
Abuse: Application to withdraw admission of employment.
By Bill Madden
DPC v Trustees of the Marist Brothers & Anor [2026] NSWSC 730 (Link to Caselaw).
With thanks to Courtney Laws for her assistance.
These proceedings arise from claims by the plaintiff that he was sexually and physically abused whilst…