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
Latest from Bill Madden - Page 4
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
Abuse: Set aside application with debate as to date of agreement.
Medical: Revised open disclosure framework.
Revised open disclosure framework: Link.
The Australian Commission on Safety and Quality in Health Care has revised the Australian Open Disclosure Framework, which applies across all healthcare settings.
[BillMaddensWordpress #2543]