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Latest from Bill Madden's Blog

Gender dysphoria treatment for minors in the context of parental disagreement about competence, diagnosis or treatment.

September 21, 2020

Re Imogen (No 6) [2020] FamCA 761 (on AUSTLII) saw the Court called upon to consider the provision of stage 2 hormone treatment to a minor aged 16 years: Imogen, formerly known as Thomas – both being pseudonyms. The father supported the hormone treatment wish of the minor, but the mother opposed it and she also argued that the minor was not Gillick competent in respect of the treatment. The Court allowed two applications…

Bill Madden's Blog

New guidance for clinicians on obtaining valid informed consent.

By Bill Madden

September 21, 2020

The Australian Commission on Safety and Quality in Health Care has developed new guidance (a fact sheet) for clinicians on how to obtain informed consent in health care. The fact sheet provides information on the key principles for informed consent, how to obtain valid informed consent, principles for assessing legal capacity, information on legal obligations, and links to further information and useful resources. Developed with clinicians in mind, the fact sheet may also be…

Bill Madden's Blog

Court transfer application.

By Bill Madden

September 18, 2020

Pearson v Nepean Blue Mountains Health District [2020] NSWSC 1278 (on Caselaw) is a judical review of a decision by a Registrar to refuse transfer of three related claims (a compensation to relatives claim and two nervous shock claims) from the District Court to the Supreme Court. It is of interest for its restatement of the principles involved in assessing the merits of such transfers in respect of the potential quantum of claims. Ultimately…

Bill Madden's Blog

Intentional Conduct and the Operation of the Civil Liability Acts: Unanswered Questions.

By Bill Madden

September 17, 2020

A new and very helpful article by Professor Joachim Dietrich is available for download from the University of Queensland Law Journal site. The abstract reads: The Civil Liability Acts place significant limitations and caps on the damages that are recoverable for claims caught by those Acts or relevant parts thereof. Such limitations and preclusions significantly impact on what were plaintiffs’ existing common law rights prior to the passage of the CLAs. Importantly, however, many of…

Bill Madden's Blog

Appellate decision: Birth trauma, factual causation and ‘appropriate’ cases.

By Bill Madden

September 12, 2020

With thanks to Phil Gleeson for noting the publication of reasons for judgment in East Metropolitan Health Service v Ellis [2020] WASCA 147 (on JADE). There was no challenge to the findings of negligence by the primary judge. The Court, in a single judgment, dismissed an appeal by the Health Service which covered 22 different grounds of appeal, focusing on causation, with some overlapping themes (see [250]). This note is not aimed at the…

Bill Madden's Blog

Abuse: Appellate consideration of failed application to set aside settlement.

By Bill Madden

September 12, 2020

With thanks to Greg McAlister and also to Associate Professor Tina Cockburn for noting the long awaited appellate judgment in TRG v The Board of Trustees of the Brisbane Grammar School [2020] QCA 190 (on AUSTLII). The litigation arose from allegations of abuse of TRG by a counsellor employed by the School in about 1988. TRG retained later retained lawyers who issued proceedings on his behalf, which were settled following a mediation. An agreement…

Bill Madden's Blog

Medical negligence: Costs order where the parties failed to comply with an order for informal settlement conference / mediation.

By Bill Madden

September 12, 2020

Old v Miniter (No 2) [2020] NSWDC 519 (on Caselaw) followed on from a judgment in a medical negligence claim in which the plaintiff proved breach of duty but failed on causation, following a hearing of 8 days duration. (See Old v Miniter [2020] NSWDC 401.) As noted in the costs judgment at [11], a pre-trial interlocutory order had been made by the Judicial Registrar requiring that the parties participate in an informal settlement conference,…

Bill Madden's Blog

Abuse: Application to amend pleadings refused.

By Bill Madden

September 12, 2020

PWJ1 v The State of New South Wales [2020] NSWSC 1235 (on Caselaw) is of interest for its attention to the Court’s expectations in respect of pleadings, in a matter where plaintiff sought to join two further defendants to an existing claim against the State of New South Wales. The plaintiff claimed that whilst a resident at various residential institutions for children, for which the State was responsible, he was sexually and physically assaulted. The Court refused leave to file…

Bill Madden's Blog

Chemotherapy: Timing and perception of peril for mental harm + Omission of initial expert evidence report.

By Bill Madden

September 5, 2020

Barlow & Ors v St Vincent’s Hospital Sydney Limited [2020] NSWDC 500 (on Caselaw) arose against the background of a claim alleging chemotherapy ‘underdosing’ of cancer patients. Interlocutory motions requiried consideration by the Court. The relatively short decision contains a lot fact sensitive detail, however the following parts my be of broader interest. Timing of the peril. One issue was that of learning of the victim being put in peril after death of the…

Bill Madden's Blog

Abuse: Subpoenas in respect of documents which had been produced on discovery and later reported in a newspaper.

By Bill Madden

September 5, 2020

SL v Catholic Diocese of Lismore [2020] NSWSC 1203 (on Caselaw) arose in circumstances where the defendant had issued subpoenas to give evidence and to produce documents (to two lawyers) and a notice to produce (to a law firm). Those lawyers and the law firm had previosuly represented the plaintiff SL. The subpoenas sought the production of documents described in various ways, including notes, letters and memoranda and email communications, between the recipients of the subpoenas and…

Bill Madden's Blog

Blog Authors

Gender dysphoria treatment for minors in the context of parental disagreement about competence, diagnosis or treatment.

New guidance for clinicians on obtaining valid informed consent.

Court transfer application.

Intentional Conduct and the Operation of the Civil Liability Acts: Unanswered Questions.

Appellate decision: Birth trauma, factual causation and ‘appropriate’ cases.

Abuse: Appellate consideration of failed application to set aside settlement.

Medical negligence: Costs order where the parties failed to comply with an order for informal settlement conference / mediation.

Abuse: Application to amend pleadings refused.

Chemotherapy: Timing and perception of peril for mental harm + Omission of initial expert evidence report.

Abuse: Subpoenas in respect of documents which had been produced on discovery and later reported in a newspaper.

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