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Recent Publications

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.

Exclusion clauses in insurance policies can’t operate to make the contract a commercial nonsense

July 14, 2017

Cate Doosey v Nigel Walsh & Complete Building Inspection Services Pty Ltd [2017] NSWDC 8 Key Points The District Court of NSW determined that an exclusion clause relied upon by the insurer did not exclude an obligation under the policy to indemnify the building inspector for the claim. The Court emphasised that exclusion clauses which […]

HBA people excelling

July 4, 2017

Nathan Hepple, Chair of Board, and Brett Ablong, Managing Director, are excited and proud to announce promotions within our team Claire Tota to Senior Associate Will Goodheart to Associate Sam Blackman to Associate   Many of you know these great individuals who have been simplifying and solving client’s problems for some years with HBA. We […]

HBA Legal launches Paratus – New Force in Claims Management Solutions

June 29, 2017

Legal services pioneer HBA Legal has taken a further step in its journey to improved legal and business solutions with the launch of Paratus, an integrated claims, risk and legal management business.   Paratus is an evolution of HBA’s twenty-year old Customer Assistance Centre (CAC) which passes the baton of being the only claims management […]

Doctor disqualified for poor medical practice, not maintaining appropriate boundaries and sexualised behavior

June 16, 2017

  Medical Board of Australia v Duck [2017] WASAT 28   Key Points In early 2014, the Medical Board of Australia received a notification alleging that Dr Gregory Duck had bought lingerie for a patient, taken photographs of her while she was wearing the lingerie and inappropriately prescribed the patient medication. The Board took immediate […]

NSW parliament votes down bill to decriminalise abortion

June 16, 2017

Background With abortion still considered a crime in NSW, many have labelled the current position as ‘archaic’ and ‘out of touch’ with modern societal and medical standards. According to the 100-year-old law, women who access abortion services and doctors who provide them are liable to imprisonment for up to ten years. The Law Sections 82 […]

Euthanasia drugs characterised as ‘palliative care’ rather than ‘end-of-life treatment’

June 16, 2017

Syme v Medical Board of Australia (Review and Regulation) [2016] VCAT 2150   Key Points Dr Syme, an 81-year-old urologist and vice-president of advocate group Dying with Dignity supplied Nembutal as part of his counselling services to terminally ill patients. Disputing a condition placed on his licence by the Medical Board of Australia, Dr Syme […]

Eight year old loses thumb after delay in medical treatment

June 16, 2017

Gould v South Western Sydney Local Health District [2017] NSWDC 67   Key Points An eight-year-old boy suffered a severe complex crushing injury to his thumb and was transferred to Liverpool Hospital for treatment. Due to other higher priority emergency patients arriving, treatment was delayed by 16 hours. Upon discharge, the thumb wound worsened. Gangrene […]

Doctor struck off for prescribing steroids

June 16, 2017

Medical Board of Australia v Singh [2017] WASAT 33 Key Points Dr Singh was consulted by patients involved in body building and physical conditioning. He prescribed androgen anabolic steroids and related drugs for these activities, despite the prescription of these drugs being found to have no therapeutic basis. The Medical Board of Australia commenced disciplinary […]

Obstetrician/gynaecologist drinks alcohol while on call

June 16, 2017

Health Care Complaints Commission v Schmidt [2016] NSWCATOD 145   Key Points A complaint was made against Dr Schmidt following his conduct prior to and during the course of Patient A’s labour. The complaint had two facets. The first facet was that Dr Schmidt had consumed alcohol whilst on call and attended on a pregnant […]

Out with the old, in with the insurer – Implications of the Civil Liability (Third Party Claims Against Insurers) Act 2017

June 14, 2017

Insurers will achieve much needed clarity and certainty around third party claims against them, in a modernisation of a decades-old Act. The New South Wales Parliament has passed the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) (“the Third Party Claims Act”), which repeals section 6 of the Law Reform (Miscellaneous Provisions) Act […]