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
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 5
Abuse: Damages assessment & Cross claim by State against schoolteacher.
By Bill Madden
NS v State of New South Wales (Department of Education) [2026] NSWDC 254 (Link to JADE).
The plaintiff NS claimed for abuse by a teacher while at a primary school. The tortious conduct then allegedly continued after she had…
Civil liability: No duty of care in context of functions in relation to care and protection of a child.
By Bill Madden
Mary Smith (a pseudonym) v Secretary Department of Communities and Justice [2026] NSWDC 249 (Link to Caselaw).
The plaintiff is the mother of a child who was born in 2016. In 2017 the child was placed by the defendant…
Medical: Voluntary assisted dying – Decision review (ACT).
By Bill Madden
PATRICK v RESPONDENT VAD 1/2026 (Voluntary Assisted Dying) [2026] ACAT 40 (LInk to AUSTLII).
The applicant sought help in ending his life. He made a request to access voluntary assisted dying under the Voluntary Assisted Dying Act 2024.…
Abuse: Family setting.
By Bill Madden
Mayberry v Mayberry [2026] NSWDC 238 (Link to JADE).
The plaintiff alleged sexual abuse on the part of the defendant (his uncle) when the plaintiff was aged 11-15 years. The defendant denied the abuse. The trial judge reviewed the…
Medical: Expert evidence by unqualified psychologist.
By Bill Madden
Ahpra has announced that a woman who falsely claimed to be a psychologist in a criminal trial before the ACT Supreme Court has been convicted and fined $2000 following a successful prosecution by the Australian Health Practitioner Regulation Agency. (Link…
Civil liability: New practice note – Supreme Court of Victoria.
By Bill Madden
Link to VSC – Practice Note SC CL 3 – Personal injuries litigation: Effective 1 July 2026 (Link to Court webpage)
The purpose of this Practice Note is to provide guidance on the procedures to be followed in the…
Abuse: Temporary stay of proceedings (NSW).
By Bill Madden
ABM v DDM [2026] NSWSC 779 (Link to Caselaw).
The plaintiff sued the defendant for sexual abuse or other sexual misconduct allegedly committed by the defendant between when the plaintiff was six years old and when the plaintiff was 14 years…
Medical: Gateway left open to re-plead novel duty of care against forensic psychiatrist.
By Bill Madden
Rubasin v Murphy [2026] QCA 125 (Link to JADE).
Ultimately Bond JA (Bradley and Doyle JJA agreeing) did not express a view on whether it is possible to plead the duty of care on which the self represented applicant apparently…
Abuse: Scheme of arrangement or compromise.
By Bill Madden
In the matter of Trustees of the Christian Brothers [2026] NSWSC 781 (Link to Caselaw).
At a hearing on 2 July 2026, the Plaintiffs sought a Moratorium Order. Specifically, the Plaintiffs sought an order, pursuant to s 411(16) of the Act, that all…