Barling and National Disability Insurance Agency [2021] AATA 4358 (on Jade).
In his application to the Tribunal, Mr Barling sought funding in his NDIS plan for the provision of a vehicle together with a front row passenger wheelchair conversion.…
Continue Reading NDIS: Vehicle purchase, or only modification.
The Department of Health (Commonwealth) published the Covid 19 vaccine claims scheme policy on 3 December 2021. It is a policy under the Financial Framework (Supplementary Powers) Regulations 1997 (Cth) and is available online here.
The policy is in…
Continue Reading Medical: Covid 19 vaccine claims scheme – Policy
Only a few days remain for completion of the online survey made available by the TGA, which closes on 13 December 2021. The TGA website explains:
Following the Senate Inquiry into the Number of women in Australia who have had transvaginal…
Continue Reading Medical: TGA consultation on device mandatory reporting.
With thanks to Catherine Henry for drawing my attention to Hosseini v Genea Limited [2021] NSWSC 1568 (on Caselaw).
The plaintiff sought possession of the reproductive tissue sample removed from her late husband’s body with consent of the Coroner…
Continue Reading Medical: Possession of reproductive tissue sample.
With thanks to Victoria Lyon for drawing my attention to this issue which has again come before the Courts.
Readers of this blog will remember the interlocutory decision Toombes v Mitchell [2020] EWHC 3506 (QB) (21 December 2020) (available on BAILII…
Continue Reading Medical: UK Wrongful life issues revisited.
BB6 v State of New South Wales [2021] NSWSC 1516 (on Caselaw) is another interlocutory matter dealing with pleadings issues, in the context of an application for leave to file an amended statement of claim in an abuse matter.…
Continue Reading Abuse: Pleadings issues.
A Local Authority (Respondent) v JB (by his Litigation Friend, the Official Solicitor) (AP) (Appellant) [2021] UKSC 52 (online)
To have capacity to decide to have sexual relations with another person, does a person need to understand that…
Continue Reading Capacity: Disability + consent to sexual activity considered by UK Supreme Court.
State of Tasmania v MFC [2021] TASFC 6 (on Jade).
In 2013 the respondent MFC and his partner used their home as a foster home for five boys, and on various occasions in January and February 2013, the 14 year…
Continue Reading Abuse: Claim for damages by foster parent against State for economic loss – Sullivan v Moody issues.
Larter v Hazzard (No 2) [2021] NSWSC 1451 (on Caselaw).
Between 26 August 2021 and 22 October 2021, the Honourable Brad Hazzard, the first defendant (the Minister), purported to make two public health orders pursuant to the power conferred…
Continue Reading Public health orders: Invalidity / injuntion applications by a paramedic.
Jeanette Jana BHT Ronald Jana v Western Sydney Local Health District trading as Westmead Hospital [2021] NSWSC 1444 (available on Caselaw) is of interest for the Court’s consideration of what terms should be taken as implied in a later…
Continue Reading Medical: Formulation of judment terms after Calderbank offer.
