Gibson v Bloomdale [2026] NSWSC 952 (Link to Caselaw).
With thanks to Jacinta Smith for drawing attention to this matter, in which the court assessed damages in a claim by the plaintiff (daughter) against the defendant (her father). The
Bill Madden's Blog
Bill Madden's Blog, published by Bill Madden, focuses on Australian legal issues primarily in medical law, abuse law, the National Disability Insurance Scheme (NDIS), and civil liability. The blog covers case law analysis, appeals, and judicial decisions related to medical negligence, sexual abuse claims, settlement agreements, and civil liability statutes. It discusses jurisdictional errors, consent in medical treatment, vicarious liability, and legal principles governing intent to cause injury. The blog also addresses legislative impacts on claims and judicial review applications, providing detailed commentary on recent court rulings and their implications within these specialized areas of law.
Latest from Bill Madden's Blog - Page 3
Medical: Inference of factual causation – birth claim.
By Bill Madden
Daniella Lalezari v North Metropolitan Health Service [2026] WADC 68 (Link to JADE).
This claim arose from the birth of the plaintiff in 2020 at King Edward Memorial Hospital. At birth, she was in a critically compromised condition, described…
Abuse: Stay, as prior costs order not complied with.
By Bill Madden
Soatini v State of New South Wales [2026] NSWSC 931 (Link to Caselaw).
The first claim
In 2022, Moana Soatini (‘the plaintiff’) commenced proceedings against the first defendant seeking damages for psychological harm resulting from sexual abuse that he…
Abuse: Medicare subpoena ruling – Victoria.
By Bill Madden
ES v Trustees of the Marist Brothers (County Court Victoria 3 July 2026; Not available online).
A written decision was not provided for this matter, with the Judicial Registrar indicating that the transcript would stand as the reasons of the…
Civil Liability: “Forced adoption”.
By Bill Madden
Lamont v The Royal Women’s Hospital (No 3) [2026] VSC 490 (Link to JADE).
The plaintiff brought a claim in negligence against each of the defendants: the first defendant as the operator of the Royal Women’s Hospital (the ‘Hospital’);…
Medical: New / duplicative expert evidence.
By Bill Madden
Spillane bht Spillane v South Eastern Sydney Local Health District [2026] NSWSC 895 (Link to Caselaw).
In a birth trauma claim, the plaintiff had served expert reports of a neonatologist (Dr McPhee) and occupational therapist and later sought leave…
Personal injury compensation and AML designated services.
By Bill Madden
Law Council Guidance Note 4 (Link to Law Council website).
With thanks to Rob Davis for drawing attention to the Law Council Guidance Note #4, entitled National Legal Profession Anti-Money Laundering and Counter-Terrorism Financing Guidance—Legal profession designated services (June…
Abuse: Private claim damages assessment (South Australia).
By Bill Madden
O v N [2026] SADC 88 (Link to JADE).
O claimed damages for trespass to the person and negligence in relation to abuse by N (her uncle), between 1978 and 1985. N had admitted the sexual abuse and sexualised…
Abuse: Trustees of the Christian Brothers & Edmund Rice Education Australia announcement.
By Bill Madden
Announcement: Christian Brothers website.
On 24 July 2026 the Trustees announced a development in relation to the earlier announced proposal for a scheme of arrangement. As with the earlier proposal, the revised scheme must be approved by both creditors…
Medical: Further appeal regarding ECT determination for an involuntary patient with treatment resistant schizophrenia.
By Bill Madden
KLH v Northern NSW Local Health District [2026] NSWCA 136 (Link to Caselaw).
Leave was granted by the appeal dismissed in this matter, where the appellant was self represented. Reproduced below is the court headnote.
HEADNOTE
JTR is an…