Medical: Defendant seeking order for psychiatric examination of Plaintiff.
Bill Madden's Wordpress
by Bill Madden
2d ago
Najjarin v Goodman [2024] NSWDC 81 (link to CaseLaw) Although arising in the context of a motor vehicle accident claim, this interlocutory matter is of interest as it concerns an application by a defendant for an order pursuant to UCPR pt 23 r 4 that the Plaintiff attend a medico-legal examination with a neuropsychologist. The court noted at [2]: The affidavit in support of the notice of motion by the Defendant attorney, … deposes at [6] “The defendant wishes to test the Plaintiff’s credibility, having regard to the conclusions reached by Dr Synnott. The most app ..read more
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Books: Mental health law – A practical guide.
Bill Madden's Wordpress
by Bill Madden
5d ago
The first edition of this book “Mental health law – A practical guide‘ is written by Yega Muthu and published by Lexis Nexis. The publishers webpage is linked here. The list of chapters appears below: Introduction to the Mental Health Act- comparative assessment of mental health legislations across states and territories The concept of mental disease. Tribunals and Mental Illness: The process involved in receiving psychiatric evidence in a civil tribunal and role of a legal representative Practice and Procedure: Mental Health Act 2007 (NSW) Practice and Procedure: Mental Health Act 2014 (VIC ..read more
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Abuse: Stay of proceedings further consideration – High Court dates.
Bill Madden's Wordpress
by Bill Madden
1w ago
With thanks to Kate Slack for indicating the upcoming High Court dates for oral argument in the matters of Willmot v State of Queensland (7 May 2024) and RC v The Salvation Army (8 May 2024). The written submissions for Willmot are now available on the High Court website. The written submissions for RC are not yet on the website page, but presumably soon will be. These two matters revisit similar issues to those addressed in the GLJ decision. [BillMaddensWordpress #2236 ..read more
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Expert witness immunity – Leave to appeal.
Bill Madden's Wordpress
by Bill Madden
2w ago
Hastwell v Parmegiani [2024] NSWCA 55 (Link to JADE). With thanks to Andy Munro and Roop Sandhu for drawing attention to this novel matter. In proceedings in the Supreme Court, the applicant had sought to sue the respondent psychiatrist for negligence, breach of fiduciary duty and contravention of a consumer guarantee with respect to the preparation of the medicolegal report.  The respondent sought to cut the claim off at the start by bringing an application for summary judgment pursuant to r 13.4 of the Uniform Civil Procedure Rules 2015 (NSW) on the basis of witness immunity. That ..read more
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Medical: Hospital bed injury – Appeal.
Bill Madden's Wordpress
by Bill Madden
2w ago
Health Care Corporation Pty Ltd t/as Wollongong Private Hospital v Cleary [2024] NSWCA 57 (Link to Caselaw). Graham Cleary underwent spinal surgery at Wollongong Private Hospital, which was operated by the appellant, Health Care Corporation Pty Ltd (HCC). The following day, two registered nurses conveyed Mr Cleary in his hospital bed from the intensive care unit (ICU) to the radiology department (Radiology) for a CT scan. When returning from Radiology to ICU, the bed in which Mr Cleary was being conveyed came into contact with a wall. Following the incident, Mr Cl ..read more
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Abuse: Subpoena for Medicare records.
Bill Madden's Wordpress
by Bill Madden
2w ago
Carter (a pseudonym) v Australian Air League Incorporated & Anor [2024] VSC 95 (publication pending). With thanks to Mathisha Panagoda for noting this interlocutory decision. There was an objection by the plaintiff to a subpoena issued by the first defendant for his entire Medicare history. That objection was ultimately dismissed. The court noted that although a substantial volume of medical records had been produced, there were gaps in the evidence. A number of examples were given ([5]) such as the names of various doctors and the treatment they provided. The Court noted at [9]: The disp ..read more
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Abuse: Bird v DP reserved (High Court)
Bill Madden's Wordpress
by Bill Madden
2w ago
This matter was the subject of oral argument before all seven members of the High Court yesterday, 14 March 2024. The transcript is now available here: [2024] HCATrans 016. Bishop Paul Bird, representing the Diocese, was the appellant. The appellant’s arguments were (at a risk of over simplifying). 1 Vicarious liability requires a relationship of employment or agency; “akin to employment” should not suffice. 2 In the context of a Notice of Contention raising non-delegable duty, the current law should be continued. In any event the case was not run on that basis at trial. The respondent’s argum ..read more
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Medical: Application for leave to appeal interlocutory orders.
Bill Madden's Wordpress
by Bill Madden
2w ago
Kitoko v Sydney Local Health District [2024] NSWCA 49 (Link to Caselaw), per Ward P; Gleeson JA, From the headnote: The applicant has sought leave to appeal from the summary dismissal of proceedings brought by him in the Supreme Court; leave is required as the decisions in question were interlocutory in nature. The proceedings brought by the applicant alleged medical negligence and physical and sexual assault concerning his treatment at Canterbury District Hospital and St George District Hospital in March 2021. The proposed grounds of appeal alleged error in the primary judge’s decisions to su ..read more
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Books: Australian Tort Law in the 21st Century.
Bill Madden's Wordpress
by Bill Madden
3w ago
This is a new text edited by D Rolph, J Eldridge and T Pilkington; published by Federation Press (linked here). The table of contents is as follows: 1. Colonial Innovation in the Australian Law of Torts – Mark Leeming 2. Intention in Tort: where it comes from and where it’s going – Matthew Dyson 3. New Torts – James Goudkamp 4. Government Liability and the Will of Parliament – Ellen Rock 5. Factual Causation: the sensible decline of common sense and the mystery of the ‘exceptional case’ – Gemma Turton 6. Scope of Liability and Remoteness of Damage: a final limit on responsibility for negligenc ..read more
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Civil liability: Intent to cause injury.
Bill Madden's Wordpress
by Bill Madden
3w ago
State of New South Wales v Madden [2024] NSWCA 40 (link to JADE). In December 2022, the primary judge found the State of New South Wales vicariously liable in tort for the conduct of certain police officers amounting to battery, false imprisonment and malicious prosecution and awarded Ms Ebonie Madden (the Respondent) damages of $320,000 plus interest and costs: Madden v The State of New South Wales [2022] NSWDC 647. The damages award encompassed both general and aggravated and exemplary damages. The appeal (which was dismissed) covered a number of issues, however this note focuses o ..read more
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