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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.
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 […]
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 […]
Release from implied undertaking? There might be no need!
May 18, 2017
Chin v Comcare [2017] AATA 634 (10 May 2017) Key Points The Tribunal was required to consider whether Comcare could use reports obtained in the course of proceedings for claims management purposes, despite them being caught by the implied undertaking. The Tribunal found that, while the implied undertaking applied to the documents, Comcare’s proposed use […]
Tell ‘em who’s boss (but do it the right way): Tribunal finds Administrative Actions not reasonable
May 5, 2017
O’Connell and Comcare [2017] AATA 178 Key Points The Administrative Appeals Tribunal was asked to consider whether an informal meeting with an employee, and a Notice to that employee that she had been referred for a Fitness for Duty assessment, constituted reasonable administrative actions undertaken in a reasonable manner for the purpose of section 5A(1) […]
If an employee is demoted during a period of accepted incapacity for work, does that employee’s NWE change accordingly?
May 5, 2017
Hobday v Comcare [2016] AATA 504 Key Points The Tribunal found that, although Mr Hobday’s NWE was calculated at one rate at the time of his accepted injury, as a result of changes in his classification of employment, his NWE should be altered to correctly reflect the change in classification. Background Mr Hobday was employed […]
Blurred lines: When does a medico-legal report serve as medical treatment, if ever?
May 5, 2017
Lockwood and Telstra Corporation Limited (Compensation) [2016] AATA 1053 Key Points If there is an accepted claim for worker’s compensation, can a medico-legal report have a dual purpose? That is, can it act not only as a medico legal opinion, but also medical treatment? The Tribunal considered this issue in circumstances where an injured worker […]
How can an employer trigger the section 19(4)(c) deeming argument?
May 5, 2017
Talevski and K & S Freighters Pty Ltd (Compensation) [2016] AATA 492 Key Points The Tribunal found that Mr Talevski was not offered suitable employment and therefore, his employer was unable to rely on the deeming provisions in section 19(4) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (the SRC Act). Background On 4 […]
Inconsistent evidence leads to release from implied undertaking
May 5, 2017
Carole Shales v Commonwealth Bank of Australia Key Points The Tribunal was required to consider whether the circumstances in this case warranted release from the implied undertaking as it related to the summonsed documents and a medical report which commented on those documents. The Tribunal found that Ms Shales’ conduct throughout the processing of the […]