TJ v Bishop of the Roman Catholic Diocese of Wagga Wagga [2023] VSC 704 (on JADE).
With thanks to Mathisha Panagoda for drawing attention to this decision, which although heard in Victoria before a jury was subject to the
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Medical: Voluntary assisted dying & ‘carriage service’ criminal provisions regarding suicide.
By Bill Madden
Carr v Attorney-General (Cth) [2023] FCA 1500 per Abraham J (on Federal Court)
The applicant, Dr Nicholas Carr, is a doctor authorised to undertake the functions of a ‘co-ordinating medical practitioner’ and a ‘consulting medical practitioner’ under the Voluntary Assisted…
Procedure: Whether Wrongs Act 1958 (Vic) permits multiple medical panel determinations in cases involving more than one defendant.
By Bill Madden
Citywide Service Solutions Pty Ltd v Rosata; Kabbout v Crown Melbourne Ltd [2023] VSCA 281 (on JADE).
The difficulty that arose in the proceedings before the court relates to the subsequent joinder in each case of a second defendant:…
Abuse: Vicarious liability & aggravated / exemplary damages issues.
By Bill Madden
Kneale v Footscray Football Club Ltd [2023] VSC 679 (on JADE).
This matter was heard before a jury with findings and judgment on 9 November 2023. This note focuses on reasons (published on 23 November 2023) for rulings during…
Medical: 4th edition “Health Law in Australia”.
By Bill Madden
Released on 17 November 2023 was a new edition of Health Law in Australia, edited by Ben White, Fiona McDonald, Lindy Willmott and Shih-Ning Then. The table of contents is as follows:
Chapter 1 Health Law: Scope, Sources…
Medical: Ministerial directive regarding hospital care for sexual assault presentations.
By Bill Madden
Published on 17 November 2023 by the Queensland Government (available online) was an statement that a Ministerial Directive under the Hospital and Health Boards Act 2011 will be made for the first time.
Health Minister Shannon Fentiman will issue a…
Abuse: Social security payments and damages.
By Bill Madden
WQA (a pseudonym) v Archbishop Comensoli [2023] VSC 657 (on AUSTLII).
WQA, the plaintiff, had settled a claim for damages against Archbishop Peter A Comensoli and the Trustees of the Christian Brothers, the first and second defendants, for injury…
Abuse: Special leave application – stay of proceedings.
By Bill Madden
Willmot v The State of Queensland [2023] HCATrans 155 (on AUSTLII)
Edelman & Steward JJ
A grant of special leave was made in this matter on 9 November 2023.
The proposed appeal arises from Willmot v State of Queensland [2023]…
Expert evidence: 2022 Inquiry into the convictions of K M Folbigg.
By Bill Madden
The Inquiry report (available online) has been included here, as it incorporates a review of expert evidence provided at the initial trial and in the 2019 inquiry regarding this matter.
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Medical: Wrongful birth separation of issues application.
By Bill Madden
Bishop-Kinlyside v Hunter New England Area Health Service [2023] NSWSC 1331 (on Caselaw).
Cavanagh J.
In a claim arising from allegations of medical negligence (genetic mutation advice), in a notice of motion the plaintiffs sought an order that the…