Spillane bht Spillane v South Eastern Sydney Local Health District [2026] NSWSC 895 (Link to Caselaw).
In a birth trauma claim, the plaintiff had served expert reports of a neonatologist (Dr McPhee) and occupational therapist and later sought leave
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/
Latest from Bill Madden - Page 3
Personal injury compensation and AML designated services.
By Bill Madden
Law Council Guidance Note 4 (Link to Law Council website).
With thanks to Rob Davis for drawing attention to the Law Council Guidance Note #4, entitled National Legal Profession Anti-Money Laundering and Counter-Terrorism Financing Guidance—Legal profession designated services (June…
Abuse: Private claim damages assessment (South Australia).
By Bill Madden
O v N [2026] SADC 88 (Link to JADE).
O claimed damages for trespass to the person and negligence in relation to abuse by N (her uncle), between 1978 and 1985. N had admitted the sexual abuse and sexualised…
Abuse: Trustees of the Christian Brothers & Edmund Rice Education Australia announcement.
By Bill Madden
Announcement: Christian Brothers website.
On 24 July 2026 the Trustees announced a development in relation to the earlier announced proposal for a scheme of arrangement. As with the earlier proposal, the revised scheme must be approved by both creditors…
Medical: Further appeal regarding ECT determination for an involuntary patient with treatment resistant schizophrenia.
By Bill Madden
KLH v Northern NSW Local Health District [2026] NSWCA 136 (Link to Caselaw).
Leave was granted by the appeal dismissed in this matter, where the appellant was self represented. Reproduced below is the court headnote.
HEADNOTE
JTR is an…
Abuse: Damages assessment & Cross claim by State against schoolteacher.
By Bill Madden
NS v State of New South Wales (Department of Education) [2026] NSWDC 254 (Link to JADE).
The plaintiff NS claimed for abuse by a teacher while at a primary school. The tortious conduct then allegedly continued after she had…
Civil liability: No duty of care in context of functions in relation to care and protection of a child.
By Bill Madden
Mary Smith (a pseudonym) v Secretary Department of Communities and Justice [2026] NSWDC 249 (Link to Caselaw).
The plaintiff is the mother of a child who was born in 2016. In 2017 the child was placed by the defendant…
Medical: Voluntary assisted dying – Decision review (ACT).
By Bill Madden
PATRICK v RESPONDENT VAD 1/2026 (Voluntary Assisted Dying) [2026] ACAT 40 (LInk to AUSTLII).
The applicant sought help in ending his life. He made a request to access voluntary assisted dying under the Voluntary Assisted Dying Act 2024.…
Abuse: Family setting.
By Bill Madden
Mayberry v Mayberry [2026] NSWDC 238 (Link to JADE).
The plaintiff alleged sexual abuse on the part of the defendant (his uncle) when the plaintiff was aged 11-15 years. The defendant denied the abuse. The trial judge reviewed the…
Medical: Expert evidence by unqualified psychologist.
By Bill Madden
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…