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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.
Time for Change? A look at Queensland’s abortion laws
December 14, 2016
Queensland has the most restrictive laws relating to abortion in Australia. In Queensland, abortion is still considered a crime under the State’s criminal code (Criminal Code Act 1899 (QLD) (the Act). Under the Act, any person who carries out, or assists with, an abortion may be liable to criminal prosecution. This includes the woman herself, […]
Adequate Warning? Surgeon found not liable for failure to warn in elective surgery
December 14, 2016
Morocz v Marshman [2015] NSWSC 325 Key Points Ms Morocz began proceedings against Dr Marshman after experiencing side-effects following an elective surgery to treat her hyperhidrosis (‘sweaty palms’). It was found that Ms Morocz was adequately warned of the risks and side effects of the surgery at her initial consultation and through an information booklet […]
Doctor found liable for professional misconduct in accessing wife’s medical records
December 14, 2016
Medical Board of Australia v Shah [2016] QCAT Key Points Dr Shah, a general practitioner, was accused of breaching the Code of Conduct for Doctors in Australia and Queensland Health Information Policy by accessing his estranged wife’s medical records without her authority. Dr Shah’s actions were found to be inconsistent with the standard of conduct […]
Pain management regimes and opiate toxicity – a fine line
December 14, 2016
Inquest into the death of Michael James Calder Key Points After being admitted to the Holy Spirit Northside Private Hospital for severe headaches, a healthy 33 year old male died as a result of the pain management drugs causing opiate toxicity administered during his stay Pre-existing medical conditions played a role in the death, despite […]
When ‘Conservative Treatment’ isn’t enough: recognising and responding to clinical deterioration
December 14, 2016
Inquest into the death of Mark Anthony Plumb Key Points Mark Plumb underwent elective gallstone removal surgery. Following the surgery, he deteriorated quickly and became septic, passing away the following evening. Mr Plumb’s surgeon, Dr Anderson, failed to take an alternative care procedure when conservative methods began to fail, which led to his rapid demise. […]
No compo for ‘white knight’ trucker – AAT dismisses worker’s claim for injuries suffered in service station brawl
November 29, 2016
O’Loughlin v Linfox Australia Pty Ltd [2016] AATA 606 Key Points The employer initially accepted this claim for injuries suffered as a consequence of the worker’s decision to become involved in a “domestic dispute” that occurred at a service station where he was delivering fuel. Following the High Court’s PVYW decision (the motel sex case) […]
Redefining the workplace
November 4, 2016
Demasi v Comcare (Compensation) [2016] AATA 644 (26 August 2016) Key Points The AAT was required to consider the scope of the term ‘in the course of employment’ and in particular, the meaning given to the phrases ‘place of work’ and ‘ordinary recess’, in the context of flexible working arrangements. Background Maryanne Demasi (Demasi), an […]
Is answering a question falsely enough to constitute a willful and false representation, under section 7(7) of the SRC Act?
November 3, 2016
McQueen-Thomson and K&S Freighters Pty Ltd [2016] AATA 510 Key Points Although Mr McQueen-Thomson did make an incorrect representation in his claim form, the Tribunal did not consider his representation to be wilful and false. Background On 17 December 2012, Mr McQueen-Thomson suffered an injury to his right shoulder while delivering dry ice in Tullamarine. […]
Costly slip up: Employer liability for day to day activities whilst travelling for employment
November 3, 2016
Garrett and Comcare (Compensation) [2015] AATA 801 Key Points Employee suffered an injury while in the shower of a hotel room whilst travelling for work. Whether the injury arose in the course of employment on the basis the injury was suffered during an interval or interlude in an overall period or episode of work. Held […]
Breast reduction surgery: Cosmetic or necessary?
November 3, 2016
Howes and Comcare [2015] AATA 921 Key Points The Tribunal considered whether breast reduction surgery constituted reasonable medical treatment obtained in relation to the compensable injuries. The Tribunal found that in the circumstances, breast reduction surgery was not obtained in relation to the compensable injuries. Background Ms Howes commenced work at the Australian Taxation Office […]