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Case Note

When to Play the Blame Game: Allegations of Contributory Negligence in the ACT – Wilson v Australian Capital Territory [2023] ACTSC 287

Wilson v Australian Capital Territory [2023] ACTSC 287 The Supreme Court of the Australian Capital Territory has dismissed an application…
Case Note

The Supreme Court of Queensland again orders a permanent stay of proceedings in a child abuse claim, meanwhile the High Court of Australia overturns one

In August 2022, the Supreme Court of Queensland granted a permanent stay of proceedings in the matter of Willmot v…
Case Note

Persuasive evidence of prejudice – a must when resisting an extension of time application to issue proceedings

Bull v Ararat Abattoirs Pty Ltd & Ors [2023] VCC 1903 The Victorian County Court recently dismissed an application made…
Case Note

An error in method alone is not a ‘shaw thing’ on review

Shaw v Insurance Australia Group Limited t/as NRMA Insurance [2023] NSWSC 1273 Introduction In this case, Justice Rothman of the…
Case Note

Procedural fairness requires decision makers to ensure those affected by their decisions are fully aware of relevant distinctions

Amos v AAI Limited t/as GIO [2023] NSWSC 1193 Introduction When deliberating a question or matter which will inform a…
Case Note

“Obvious risk” a key consideration in personal injury cases

Blue Op Partner Pty Ltd v De Roma [2023] NSWCA 161 (12 July 2023) In Blue Op Partner Pty Ltd…
Commercial Insight

Cyber Security Awareness Month – Are you cyber aware?

October is Cyber Security Awareness Month (CSAM). CSAM is an annual reminder for Australians to stay safe online and protect…
Case Note

NSW Supreme Court reaffirms expert witnesses are immune from suit

Hastwell v Parmegiani [2023] NSWSC 1016 In Hastwell v Parmegiani [2023] NSWSC 1016, the NSW Supreme Court reaffirmed the immunity…
Case Note

Surgery does not, of its own, transform a threshold injury into a non-threshold injury under MAIA

Mandoukos v Allianz Australia Insurance Limited [2023] NSWSC 1023 In Mandoukos v Allianz Australia Insurance Limited the Supreme Court clarifies…
Pharmacy Insight

Pharmacy Location Rules – understanding the process for PBS approval in large medical centres

Seeking to establish a new PBS approved pharmacy in a large medical centre is made less complex by partnering with…
Case Note

Res ipsa loquitor is an inferential reasoning process available to both insurers and claimants

The Supreme Court of NSW provides clarity in IAG Limited t/a NRMA Insurance v Richards regarding the use of inferences,…
Pharmacy Insight

Buying and selling a pharmacy | Why it makes good business sense to partner with a lawyer

Many complexities can arise during your pharmacy ownership journey. It makes good business sense to partner early with a trusted…
Health Insight

Can a patient under 18 provide informed consent?

There is no clear yes or no answer. As we explain, consent will depend on the individual. In any case,…
Case Note

ACT Court of Appeal overturns onerous duty finding confirming that there is no general duty on a GP to follow-up or escalate referrals

Abstract The ACT Court of Appeal has overturned the decision of Rubino v Ziaee[1] in which the Supreme Court of…
Case Note

“Property Damage” – Sounds Simple, Right?

At its simplest, a liability policy provides cover to an insured, whose acts and/or omissions cause property damage and/or personal…
Commercial Insight

Deal or No Deal: from handshakes, heads of agreement to contracts – what’s legally binding, and what’s not?

Many court cases going back to the 1800s have considered whether real life sets of events or circumstances amount to…
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