Jenkins v National Disability Insurance Agency [2026] FCA 1307 (Link to AUSTLII).
With thanks to Anna Sundararajan for drawing attention to this decision where the Federal Court was called upon to consider the powers of the NDIA to recover
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.
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Latest from Bill Madden's Blog
Medical: Consideration of duties of care in fitness to practice investigations (UK).
By Bill Madden
Suresh v GMC [2026] EWCA Civ 955 (Link to BAILII).
Arthur Richardson has kindly drawn attention to this EWCA decision.
In a judgment handed down on 24 July 2026, the England and Wales Court of Appeal confirmed that the…
Abuse: Group proceeding re advice on common law rights before accepting Redress.
By Bill Madden
Holmes v Knowmore Legal Service (No 3) [2026] VSC 560 (Link to JADE).
The lead plaintiff, Brian Holmes, alleges that Knowmore breached duties owed to him and group members by failing to take reasonable precautions to ensure they received…
Privacy: Interim injunction re ‘Canva’ account.
By Bill Madden
Nehme v The Art Scene Pty Ltd (ACN 001 966 472) [2026] NSWDC 315 (Link to Caselaw).
David Rolph has kindly drawn attention to a development in relation to the statutory tort of serious invasion of privacy. In the…
Abuse: Recovered memories, medical assessments & stay orders.
By Bill Madden
Laura Hall (a pseudonym) v Trustees of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn (No 2) (Link to JADE).
The claimant alleged abuse when aged between 5 – 10 years, however alleged that she first…
Intentional torts: Conspiracy to injure by unlawful means.
By Bill Madden
ABC by her tutor DEF v Irmak and Dagdanasar; ABC by her tutor DEF v Irmak (No 2) [2026] NSWSC 1025 (Link to Caselaw).
The plaintiff was sexually assaulted after her year 12 school formal. The relevant defendant here…
Abuse settlement: Application to set aside agreement based on disability (intoxication).
By Bill Madden
Brigham (a pseudonym) v Trustees of the Christian Brothers [2026] VSC 522 (Link to JADE).
Brigham alleged abuse at a school and instructed lawyers to seek compensation. In July 2019 he instructed his solicitors to accept an offer, and…
Medical: Surrogacy parentage order when two children born of different parentage.
By Bill Madden
BNJ & Anor v DZ & Anor [2026] QChC 13 (Link to AUSTLII).
An unusual matter, where two children had been born in 2025 following a surrogacy arrangement, where one child was the biological child of the intended parents,…
Medical: Coronial decision on duty of medical professionals to report drivers with vision issues.
By Bill Madden
Inquest into the death of Sohaila Mohammadi [2026] SACC 32 (Link to Courts SA).
This inquest focused on a serious vision condition of a driver and the responses of ophthalmologists and a general practitioner. When considering recommendations, the coroner…
Abuse: Redress scheme – Judiciary Act application.
By Bill Madden
IKL26 v Operator, National Redress Scheme [2026] FCA 1185 (Link to JADE).
In the original determination, the delegate accepted the applicant’s statement that the abusers were members of the Freemasons, but said that the Freemasons were not responsible for…