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
Bill Madden's Blog
Bill Madden's Blog, published by Bill Madden, focuses on Australian legal issues primarily in medical law, abuse law, the National Disability Insurance Scheme (NDIS), and civil liability. The blog covers case law analysis, appeals, and judicial decisions related to medical negligence, sexual abuse claims, settlement agreements, and civil liability statutes. It discusses jurisdictional errors, consent in medical treatment, vicarious liability, and legal principles governing intent to cause injury. The blog also addresses legislative impacts on claims and judicial review applications, providing detailed commentary on recent court rulings and their implications within these specialized areas of law.
Blog Authors
Latest from Bill Madden's Blog
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.
[BillMaddensWordpress #2594]
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…
Medical: Delayed diagnosis of colorectal cancer & contributory negligence (Liability determination).
By Bill Madden
Peterkin v Tadros [2026] NSWSC 1185 (Link to JADE).
This expedited hearing saw the Plaintiff claim against the Defendant (a general practitioner) for failure to properly to investigate the Plaintiff’s symptoms at a single consultation when he presented at…