Gobbo v State of Victoria (redacted) [2025] VSC 334 (Link to AUSTLII).
This matter is of interest for its consideration of duties of care & breaches of duty to the primary plaintiff and her children (including future children). The
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Medical: Psychometric testing & malingering.
By Bill Madden
Maea v Acciona Infrastructure Australia Pty Ltd [2025] NSWSC 567 (Link to Caselaw).
With thanks to Jackson Gilbert for noting this interlocutory decision, which in part addressed an application by the defendant pursuant to UCPR 23.4 that the plaintiff be…
10 June 2025: Statutory tort for serious invasion of privacy comes into force.
By Bill Madden
Wotton Kearney Lawyers has provided a summary of the new tort. (Link to article.)
The article by by R Leder, G Austin & N Gabryk begins:
From 10 June 2025, serious invasions of privacy will become legally actionable in Australia. This…
Medical: Appellate decision on colorectal surgery procedure (Tasmania).
By Bill Madden
Patiniotis v Garling [2025] TASFC 5 (Link to JADE).
With thanks to Richard O’Keefe for drawing attention to this decision of the Full Court of the Supreme Court of Tasmania.
Ms Garling’s claim had succeeded at trial, she recovered…
Abuse: Pleadings, non-delegable duty and material facts (ACT).
By Bill Madden
QC v The Scout Association of Australia New South Wales Branch [2025] ACTSC 228 (Link to AUSTLII).
With thanks to Alessandra Pettit for drawing attention to this interlocutory decision in relation to the plaintiff’s statement of claim. There were…
Professional negligence / abuse: Claim for loss of earning capacity.
By Bill Madden
Pearce v Waller Legal [2025] VSC 324 (Link to AUSTLII).
With thanks to Michael Magazanik for drawing attention to this Victorian (judge alone) decision. The judgment is rather long; not all issues are addressed in this note.
When represented…
Abuse: Damages assessment (Sth Australia).
By Bill Madden
B P v K R & ANOR [2025] SASC 58 (Link to AUSTLII).
Default judgments had been entered in this matter, where the plaintiff alleged abuse (battery) by the first respondent when she was a child and when she…
NSW: Special Commission of Inquiry into Healthcare Funding.
By Bill Madden
The Special Commission of Inquiry into Healthcare Funding, led by The Honourable Justice Richard Beasley, conducted a major review of the NSW public healthcare system and how it is funded.
The Report is now available. (Link to Report). 41…
Abuse: Stay of proceedings application & determination of the claim.
By Bill Madden
Davey v Want [2025] NSWDC 205 (Link to JADE).
Plaintiff claimed damages from the Defendant as a result of alleged misconduct (sexual assault) by the Defendant in 1971 and 1972 when the Plaintiff was 6 or 7 years old…
Abuse: Foster care & argued liability of the State – section 43A CLA NSW.
By Bill Madden
MTH v State of New South Wales [2025] NSWCA 122 (Link to Caselaw).
This somewhat complex appeal related to claims against the State of New South Wales and against two foster carers, Mr & Mrs Croft. Mr Croft was…