Apparently today is the 90th anniversary of the famous 1932 decision Donoghue v Stevenson [1932] AC 562. Lord Atkin said:
…a manufacturer of products, which he sells in such a form as to show that he intends them to reach
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Medical: Non-Hodgkins lymphoma diagnosis.
By Bill Madden
Austen v Tran [2022] ACTSC 114 (on JADE).
The plaintiff was diagnosed with non-Hodgkin’s lymphoma on 19 September 2017 and the illness was by then terminal. She alleged the defendant failed to take steps (at two earlier consultations) which would…
Northern Territory reforms: Personal Injuries (Liabilities and Damages) Amendment Bill 2022.
By Bill Madden
Personal Injuries (Liabilities and Damages) Amendment Bill 2022 (on the NT legislation database).
This Bill, as amended, was passed on 19 May 2022. The amendments to the primary act appear to cover the following, including reforms related to institutional…
Abuse: Assessment of damages for abuse in family setting.
By Bill Madden
Haynes by her tutor Karen Lindley v Haynes [2022] NSWSC 581 (on Austlii).
With thanks to Mathisha Panagoda for drawing attention to this damages assessment matter, which saw an assessment of general damages at $500,000, with an additional $100,000…
NDIS: Value for money evidence.
By Bill Madden
Charrington and National Disability Insurance Agency [2022] AATA 1160.
The Charrington review application arose from a plan for a person with impaired vision which did not include funding for specialist disability accommodation (SDA).
The Tribunal noted at [43] that…
Conduct: Immediate action and public interest revisited.
By Bill Madden
Following attention to this issue in NSW (under s 150 of the National Law in that jurisdiction), Lee v Medical Board of Australia [2022] WASAT 28 (on AUSTLII) focuses on similar issues under the Western Australian legislation (section 156).…
Changes to expert evidence laws in Queensland.
By Bill Madden
With thanks to Rob Davis for drawing attention to recent changes in Queensland, which modify the law in relation to expert evidence and introduce a Code of Conduct.
The relevant provisions are those in the Uniform Civil Procedure (Expert Evidence)…
Abuse: Damages assessment for abuse of child by minors.
By Bill Madden
SA v CH & LH (Pseudonyms) [2022] NSWDC 140 (on Caselaw).
These proceedings involved a claim by the plaintiff for damages for repeated intentional trespass to his person by two tortfeasors who, as teenagers, carried out a series of historical sexual assaults upon him commencing when the…
Defamation: Chelmsford appeal.
By Bill Madden
Herron v HarperCollins Publishers Australia Pty Ltd [2022] FCAFC 68 (on AUSTLII).
Conducted over two years from 1988-1990, the Royal Commission into Mental Health Services, otherwise known as the Chelmsford Royal Commission, examined mental health services in New South Wales.…
Professional negligence claim arising from MMR vaccine > epilepsy allegation (UK).
By Bill Madden
Coote v Ullstein [2022] EWHC 607 (QB) (on BAILII).
An article by Neil Rose in Legal Futures draws attention to this matter, in which the potential negligence of counsel and solicitors in respect of limitation period advice was not causative…