Category: Injury Compensation Law

News

Hospital to pay $11m to former patient, with no contribution from surgeon
POSTED: 04 May 2020
Injury Compensation Law
A hospital which was ordered to pay damages of more than $11m to a man who suffered from bacterial meningitis following brain surgery, and with no contribution from the neurosurgeon, has been unsuccessful on appeal, with the Supreme Court of Western Australia Court of Appeal upholding the primary judge’s findings and dismissing the contribution proceedings.
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News

Patient unsuccessful in negligence claim against GP
POSTED: 29 Apr 2020
Injury Compensation Law
A patient who developed chronic kidney disease and who successfully sued his GP for failing to refer to specialist treatment earlier, has had his judgment overturned on appeal, with the Supreme Court of New South Wales Court of Appeal finding that breach of duty of care and causation could not be established.
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News

Lights, Camera… and Workers Compensation!
POSTED: 28 Apr 2020
Injury Compensation Law
From Gogglebox to The Bachelor, Married At First Sight to House Rules, our TVs are seemingly full of reality TV. It should come as no surprise that reality TV has grown to be one of the most popular categories of TV programmes, with 40% of people regularly watching some type of reality TV.
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News

Crossing the line of Doctor-Patient Boundaries
POSTED: 20 Apr 2020
Injury Compensation Law
A psychiatrist in Western Australia has been the subject of disciplinary proceedings for engaging in an intimate and sexual relationship with a patient over a period of 18 months. During this time, the doctor engaged in sexual acts, including intercourse, with a patient and prescribed her stimulant medication resulting in addiction, disinhibition and elevated libido.
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News

Workers Compensation and COVID-19
POSTED: 09 Apr 2020
Injury Compensation Law, COVID-19
Are you covered under the Workers Compensation Legislation if you contract the Coronavirus (COVID-19)? The answer to that question depends firstly on whether Coronavirus is an injury and secondly, whether it is related to work.
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News

Warming up to the Obvious
POSTED: 17 Mar 2020
Injury Compensation Law
A woman who, whilst warming up with her horse in preparation for participating in a country show sustained a brain injury after falling with her horse who was spooked by nearby unruly children, has unsuccessfully sued the operator of the show, with the Supreme Court of New South Wales finding the recreational activity was dangerous and the risk of the dangerous recreational activity was obvious.
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News

Euthanasia in Australia and Abroad
POSTED: 05 Mar 2020
Injury Compensation Law
Nineteen years after the Netherlands was the first country to legalise euthanasia, on 19 June 2019 Victoria became the first Australian state to allow euthanasia, known as “assisted dying. Victoria will soon be joined by Western Australia, which will have a similar programme in place by mid-2021, after the Western Australian Parliament passed legislation in December 2019.
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News

Court Grants Permanent Stay of Historic Child Sexual Abuse Action
POSTED: 26 Feb 2020
Injury Compensation Law
A defendant to a claim for damages following alleged sexual assaults 43 years ago, and who was unsuccessful in seeking a permanent stay of proceedings, has now been successful on appeal, with the Supreme Court of New South Wales Court of Appeal exercising the discretion expressly preserved by s 6A(6) of the Limitation Act 1969 (NSW) to order a stay and finding that, having regard to the defendant’s medical condition, he will not have a fair trial.
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News

Occupier Found Negligent in Allowing Contractors to Work on Deficient Scaffolding
POSTED: 17 Feb 2020
Injury Compensation Law
A brick cleaner who fell 4.5 m from scaffolding onto a pile of bricks, has successfully sued the occupier of the building site, with the Supreme Court of Victoria finding the occupier negligent in allowing independent contractors to work on scaffolding that was deficient.
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News

Security Guard Threatened by Armed Intruder Loses Negligence Claim
POSTED: 13 Feb 2020
Injury Compensation Law
A security guard who suffered mental harm after being threatened by an intruder, has been unsuccessful in his claim of negligence against both the owner of the premises as well as his employer, with the Supreme Court of New South Wales finding that the security guard’s decision to pursue the intruder was directly contrary to his training, and that he was entirely the author of his own downfall.
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