Books: Institutional Liability for Historical Child Abuse in Australia.
Bill Madden's Wordpress
by Bill Madden
5d ago
A second book has been published on the topic of Institutional Liability for Historical Child Abuse in Australia. Written by James Masur and published by Thomson Reuters, the book is in two parts. Part 1 Principles considers the substantive legal principles underpinning historic abuse litigation and their application in recent Australian decisions. Part 2 Practice ..read more
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Transition to the Administrative Review Tribunal.
Bill Madden's Wordpress
by Bill Madden
5d ago
On 14 October 2024, the Administrative Appeals Tribunal (AAT) will be replaced by a new body, called the Administrative Review Tribunal (‘the new Tribunal’). All cases that are before the AAT will automatically transfer to the new Tribunal.  Draft practice directions and other information is available online here. [BillMaddensWordpress #2305 ..read more
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CLA NSW – Non-Economic loss amendment order 2024.
Bill Madden's Wordpress
by Bill Madden
5d ago
Effective on 1 October 2024, the maximum amount for non-economic loss has increased to $761,500. [BillMaddensWordpress #2304 ..read more
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NDIS: Legislative changes and support lists.
Bill Madden's Wordpress
by Bill Madden
6d ago
The Australian Government has introduced a definition of NDIS supports, to give people greater clarity about what NDIS funds can and cannot be used for.  From 3 October, participants may only spend NDIS funding on things that are NDIS supports or are approved replacements for NDIS Supports. The lists make it clear what the NDIS does ..read more
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Abuse: Duty, breach & causation; vicarious liability & court suppression orders.
Bill Madden's Wordpress
by Bill Madden
1w ago
AA v Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2024] NSWSC 1183 (Link to Caselaw). AA sought damages, including exemplary and aggravated damages, for personal injury which he claims he suffered after he was physically and sexually assaulted by a parish priest, Father Ronald Pickin, at St Patrick’s Catholic Church, Wallsend in 1969 ..read more
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Medical: Limitation extension applications (NSW).
Bill Madden's Wordpress
by Bill Madden
1w ago
Doughty v Hillier [2024] NSWSC 1220 (Link to Caselaw) This factually complex matter arose from six spinal procedures which the plaintiff underwent between 2002 and 2009. Three of the procedures were performed before insertion of the ‘discoverability’ provisions into the Limitation Act 1969 (NSW) in December 2002, so in this application by the plaintiff for ..read more
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Medical: NDIS compensation reduction amount & unrecovered legal costs.
Bill Madden's Wordpress
by Bill Madden
1w ago
Luo and National Disability Insurance Agency [2024] AATA 3402 (Link to JADE). Mr Luo had settled a medical negligence claim for $4 million plus costs. There was a shortfall in recovery of his costs, in that once the defendants had paid an amount towards his costs, there remained $350,000 owing to his lawyers which was deducted ..read more
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Abuse: Damages assessment (Victoria).
Bill Madden's Wordpress
by Bill Madden
2w ago
Reed v Smith [2024] VCC 1387 (link to JADE). The plaintiff alleged abuse by the defendant (her grandfather) when she was a child. The defendant did not enter an appearance and following entry of judgment the matter proceeded as an assessment. The plaintiff was aged about 20 at the time of the hearing. General damages ..read more
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Medical: Publication of a book.
Bill Madden's Wordpress
by Bill Madden
3w ago
Grant v Health Ombudsman [2024] QSC 146 (Link to Queensland judgments) With thanks to Tina Cockburn for drawing attention to this decision. The applicant psychiatrist published a book in 2018 called Killer Instinct: Having a Mind for Murder. He had been the subject of complaints arising out of the content of the Book, which included ..read more
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Medical: Polsen v Harrison appeal (NSW).
Bill Madden's Wordpress
by Bill Madden
3w ago
Polsen v Harrison [2024] NSWCA 224 (Link to Caselaw). Set out below is the headnote provided by the Court in relation to this decision, which arose from bariatric surgery. Facts On 22 July 2013 Dr Richard Harrison (the respondent) performed a laproscopic sleeve gastrectomy on Katrina Polsen (the appellant) at Calvary Hospital, Wagga Wagga. She developed an intra-abdominal haematoma ..read more
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