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Our team regularly produces articles and updates on legal developments and the implications for clients. Our latest publications can be viewed below. Alternatively, use the Search function on the left to find the topic of your choice.
Verdict for Boral in claim by employee of haulage contractor – Court of Appeal rejects argument that a principal owes a duty to provide a safe system of work to an employee of a subcontractor
October 12, 2016
Gulic v Boral Transport Ltd [2016] NSWCA 269 Key Points Despite Boral supplying the equipment, the Plaintiff making complaints about the equipment, and having the right to direct the Plaintiff, the claim failed. Although a principal contractor potentially owes a duty to an employee of a subcontractor, this duty is delegable and does not extend […]
Another win for a haulage contractor in claim by employee of subcontractor
October 12, 2016
Lee v Wickham Freight Lines Pty Ltd [2016] NSWCA 209 Key Points A principal is not vicariously liable for the acts of their contractors. The law does not generally impose a duty of care on a principal with respect to employees of its subcontractors. Although there may be particular circumstances in which a principal does […]
What is an accident?
October 12, 2016
Matton Developments Pty Ltd v CGU Insurance Limited [2016] QCA 208 Key Points What is an “accident” in property damage insurance policies is often not clear cut. Expert evidence from a crane operator may have allowed the Insurer to maintain its denial. Background The Appellant Insured owned and operated a mobile crane which could only […]
Peer accepted practice: a Courts consideration of the term ‘widely accepted practice’
October 5, 2016
Wright v Minister for Health [2016] WADC 93 Key Points The Minister for Health relied on section 5PB of the Civil Liability Act 2002 (WA). Section 5PB provides a medical practitioner with a defence against allegations of negligence if the treatment they provided was a ‘widely accepted practice’ that is supported by ‘a large group […]
Obtaining consent from non-English speaking patients
October 5, 2016
George v Biggs [2015] NSWDC 11 Key Points Sandra George underwent a procedure to remove a right sided acoustic neuroma (tumour) during which an adjoining facial nerve was severed which resulted in Ms George suffering from facial palsy. Ms George has a limited grasp of the English language and required interpreting assistance at each of […]
Newcastle Private Hospital – Found to be negligent for failing to adhere to post-operativeclinical pathway
October 5, 2016
Key Points A hospital’s duty of care to a patient is independent of the duty a visiting medical officer (VMO) owes to a patient, and so attendances by the VMO does not discharge the hospital’s duty of care. Nurses need to ensure that all necessary observations are properly recorded to ensure that medical intervention occurs […]
Mother left to die after home birth: the importance of regulation of private practicing midwives in home settings
October 5, 2016
Key Points Caroline Lovell passed away at Austin Hospital in January 2012 after having given birth to her second child at her home in a birthing pool. A coronial inquest into Ms Lovell’s death was undertaken which found (among other things) that Ms Lovell suffered a post-partum haemorrhage which was not picked up by the […]
Medical practitioner struck off for providing misleading and dishonest expert evidence
October 5, 2016
Key Points Waney Squier, a consultant neuropathologist at the John Radcliffe hospital in Oxford, has been struck off the medical register after being found to have given misleading expert evidence in six court cases where infants died. The case has caused some controversy as Ms Squier was not struck off for the way in which […]
Child dies after home birth: the importance of educating parents on the risks of non-hospital births
October 5, 2016
Key Points A child died three days after an unsupervised home birth. The child died as a result of injuries received during and just after birth. A coronial enquiry into the child’s death took place. The child’s mother advised the coroner that she did not understand the risks involved. The child’s parents were urged not […]
What does the AAT consider to be reasonable costs for compliance with a summons to produce documents?
September 19, 2016
Key Points When a party is summonsed to produce documents they are entitled to recover reasonable costs for the production of those documents. What is the process when parties cannot agree on what is considered reasonable? The Administrative Appeals Tribunal provides an avenue for parties to have their reasonable costs determined. Background The Tribunal issued […]