The workgroup to Review the Taking of Informed Consent and the Singapore Medical Council Disciplinary Process has made a series of recommendations, including the provision of a duty that is “patient-centric but ultimately based on the opinion of a responsible body of doctors”.  The recommendation is similar to that suggested in the Australian Review of the Law of Negligence 2002. The proposed formulation of the legal test for the provision of medical advice (Annexure E)…

ZYX -v- JD [2019] WADC 164 (available on AUSTLII) is a decision published 26 November 2019 regarding a child sexual abuse claim (1968 – 1973)  in which the defendant sought that the writ be set aside, stayed, and that the actual names of the parties be suppressed and substituted with identifying names and symbols approved by court. At [44] onwards there was a consideration of the application based on delay, reviewing a number of…

Hewit v NSW State Coroner [2019] NSWSC 1724 (available on Caselaw) saw an application by the son of the deceased for an order that her death at an aged care facility was a “reportable death” within the meaning of s 6(1)(b) and/or s 6(1)(c) of the Coroners Act 2009 (NSW). The Court held at [60] that there was nothing in the materials relied upon by the plaintiff to provide any evidential foundation to doubt the cause of…

BDN v McCoy [2019] NSWSC 1723 (available on Caselaw) considered the public interest in victims of alleged sexual assaults not being prevented from litigating claims because of fear that principles of open justice will expose them to psychological harm and embarrassment. The Court held at [7] that: There is a very significant public interest in victims of alleged sexual assaults not being prevented from litigating their claims because of fear that the principles of…

AA v Kesby [2019] NSWSC 1711 (available on Caselaw) saw interlocutory orders made in  respect of two notices of motion, dealing with issues in the leadup to a final hearing of the claim. The Court had previously made a pseudonym type order under the Court Suppression and Non Publication Orders Act 2010 (NSW). The present judgment dealt with orders sought by the plaintiffs in respect of: Amendment to the statement of claim so as to include…

Beerens v Biggs [2019] NSWSC 1707 (available on Caselaw) saw the defendant claim a declaration that he is not prevented from interviewing, through his legal representatives, three former treating doctors of the plaintiff. The defendant was a neurosurgeon consulted by the plaintiff following a motorcycle accident injury. The plaintiff has brought this action for damages in negligence, alleging that as a result of the operation performed by the defendant he has developed diaphragmatic palsy.…

Although a brief decision, Klewer and National Disability Insurance Agency [2019] AATA 4974 (available on JADE) is of interest as it highlights the potential for tension between the interests of an NDIS applicant and their family member. The AATA application was in respect of whether the Agency should fund overnight care for the Applicant for 10 hours each night and secondly whether Ms Klewer should be funded to provide that support. The Agency argued…