Abuse: Older & younger child at special school.

RJ bht RPC v State of New South Wales [2024] NSWDC 128 (Link to Caselaw). The plaintiff, who was then 13 years of age, was sexually assaulted by a 17-year-old student while he was using one of the school toilets. He claimed against the State, as operator of a school offering a special support unit providing teaching and other services for about 60 children who have disabilities …

Medical: Limitation extension (Qld).

Rodgers v Chinsee [2024] QDC 55 (Link to JADE). The applicant commenced proceedings for medical negligence claiming damages for personal injuries associated with breast augmentation surgery, where the limitation period for any claim against the respondent has expired. In the context of a limitation extension application the court was required to consider whether a material fact …

Medical: Deakin University – Law, Health and Society.

With thanks to Neera Bhatia for drawing attention to a new research centre at Deakin University. This is the announcement: Deakin Law School is excited to announce the launch of Law, Health, and Society (LHS) a new research unit that critically evaluates health law, policy, regulation, and ethics to improve and advance well-being and health outcomes throughout …

Abuse: Heads of damages recoverable following set aside agreement.

Trustees of the Christian Brothers v DZY (a pseudonym) [2024] VSCA 73 (Link to AUSTLII) With thanks to Kate Flanigan for drawing attention to this Victorian Court of Appeal decision. The Trustees had not resisted the initial application by DZY to set aside earlier settlement agreements insofar as he wished to pursue his claim for …

Medical: IVF litigation transfer.

Fertility Australia Pty Ltd & Ors v Wendy Read & Charles Goble [2024] NSWSC 420 (Link to Caselaw) By way of background the court noted ([3]): The District Court proceedings were commenced by statement of claim by Wendy Read and Charles Goble. Dr Read and Mr Goble are a married couple and their claim against …

Medical: Conversion Practices Ban Act 2024 (NSW)

The Conversion Practices Ban Act 2024 (NSW) was assented to on 3 April 2024 but will not commence until 3 April 2025 (see section 2). The Act applies only in relation to acts done or omitted to be done on or after the commencement of the Act. The Act creates an offence (section 5) of …

Medical: Pancreatic cancer causation appeal.

Alrifai v ACT [2024] ACTCA 13 (Link to JADE). At trial, the defendant hospital admitted a failure to exercise reasonable care and skill consisting in the failure of treating clinicians to obtain a surgical opinion at a particular point in time. The appeal court was required to consider whether the primary judge erred in declining …

Medical: 2023 Cosmetic Surgery Guideline validity.

Callan v Medical Board of Australia [2024] NSWSC 336 (link to Caselaw). With thanks to Ada Lim for drawing the decision in this matter to my attention. The following is drawn from the headnote provided by the Court. Background The plaintiffs seek judicial review of a decision of the Medical Board of Australia to issue …

Abuse: National Redress Scheme Amendment Bill 2023 (Cth).

On 20 March 2024, the National Redress Scheme for Institutional Child Sexual Abuse Amendment Bill 2023 passed through the Australian Parliament. The Bill appears to have been assented to on 28 March 2024. An update email from the Redress Scheme identifies the key changes made by the Bill as follows: applicants will be able to provide …

Abuse: Application to set aside deed of release under ACT law.

Walsh (a pseudonym) v Trustees of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn [2024] ACTSC 81. (Link to JADE). This was an application under ACT law to set aside a 2006 deed of release on the basis that it was not a just and reasonable agreement. It required interpretation of the …