Davey v Want [2025] NSWDC 205 (Link to JADE).
Plaintiff claimed damages from the Defendant as a result of alleged misconduct (sexual assault) by the Defendant in 1971 and 1972 when the Plaintiff was 6 or 7 years old
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Abuse: Foster care & argued liability of the State – section 43A CLA NSW.
By Bill Madden
MTH v State of New South Wales [2025] NSWCA 122 (Link to Caselaw).
This somewhat complex appeal related to claims against the State of New South Wales and against two foster carers, Mr & Mrs Croft. Mr Croft was…
NDIS: Whether responsible for supports after work injury.
By Bill Madden
Santagada and CEO, National Disability Insurance Agency (Practice and procedure) [2025] ARTA 676 (Link to JADE).
This decision appears to be the first to address the question of whether the NDIS (following legislative amendments in 2024) is responsible for…
Abuse: Stay of proceedings appeal (Victoria).
By Bill Madden
Trustees of the Christian Brothers v Colbert (a pseudonym) [2025] VSCA 122 (on AUSTLII).
Leave to appeal against a refusal of a stay of proceedings in this matter was granted, but the appeal was dismissed. The decision was a joint…
Medical: Best interests of a child not yet born.
By Bill Madden
Manchester University NHS Foundation Trust v PP [2025] EWHC 783 (Fam) (Link to BAILII).
With thanks to Tina Cockburn for drawing attention to this English decision.
The mother presented at hospital with Kikuchi Lymphadenitis which may indicate that she…
NDIS: Recoverable amounts – Special circumstances revisited.
By Bill Madden
Usher and National Disability Insurance Agency (NDIS) [2025] ARTA 592 (Link to JADE).
This matter revisits similar issues to those dealt with in ZZXM and CEO, National Disability Insurance Agency [2024] ARTA 24.
Having suffered a traumatic brain…
Expert evidence: Code compliance & offering future treatment.
By Bill Madden
R v Tanswell; R v Leilua [2025] NSWDC 178 (Link to Caselaw).
Although in the context of a criminal prosecution, these sentencing matters are of interest because of judicial comment on expert witness code of conduct compliance issues.
A…
Medical: Indemnity costs & walk away offers.
By Bill Madden
Busa v South Eastern Sydney Local Health District Trading as Sydney Eye Hospital (No 2) [2025] NSWSC 486 (Link to Caselaw).
Following entry of judgment for the defendant, this matter was revisited for the defendant’s application of an order…
Medical: Birth trauma claim.
By Bill Madden
Nemes v South Eastern Sydney Local Health District [2025] NSWSC 418
NEGLIGENCE – professional negligence – medical negligence – where child has disabilities including infantile seizures and Global Developmental Delay – whether disabilities are a result of a failure to…
Medical: Spinal anaesthetic damages assessment.
By Bill Madden
Fuller v ACT (No 2) [2025] ACTSC 174 (Link to JADE).
This was an assessment of damages following the remittal of these proceedings by the Court of Appeal: see Fuller v Australian Capital Territory [2024] ACTCA 19.
The plaintiff…