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 engaging in conversion practices that cause mental or physical harm. There is a general prohibition on conversion practices (section 8). It also creates a complaints scheme (Part 4). Of relevance to health practitioners is the definition of conversion practices (section 3) such that a conversion practice does not ..read more

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 to find the admitted breach caused the injuries alleged. There were two limbs of factual causation – firstly whether the appellant would have undergone surgery earlier, and secondly whether, had the appellant undergone surgery earlier, she would probably have avoided ..read more

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 additional information when requesting a review the circumstances where applicants must undertake a special assessment process will be reduced finalised applications will be able to be reassessed if a relevant institution later joins the Scheme people who ar ..read more

Najjarin v Goodman [2024] NSWDC 81 (link to CaseLaw) Although arising in the context of a motor vehicle accident claim, this interlocutory matter is of interest as it concerns an application by a defendant for an order pursuant to UCPR pt 23 r 4 that the Plaintiff attend a medico-legal examination with a neuropsychologist. The court noted at [2]: The affidavit in support of the notice of motion by the Defendant attorney, … deposes at [6] “The defendant wishes to test the Plaintiff’s credibility, having regard to the conclusions reached by Dr Synnott. The most app ..read more

The first edition of this book “Mental health law – A practical guide‘ is written by Yega Muthu and published by Lexis Nexis. The publishers webpage is linked here. The list of chapters appears below: Introduction to the Mental Health Act- comparative assessment of mental health legislations across states and territories The concept of mental disease. Tribunals and Mental Illness: The process involved in receiving psychiatric evidence in a civil tribunal and role of a legal representative Practice and Procedure: Mental Health Act 2007 (NSW) Practice and Procedure: Mental Health Act 2014 (VIC ..read more

With thanks to Kate Slack for indicating the upcoming High Court dates for oral argument in the matters of Willmot v State of Queensland (7 May 2024) and RC v The Salvation Army (8 May 2024). The written submissions for Willmot are now available on the High Court website. The written submissions for RC are not yet on the website page, but presumably soon will be. These two matters revisit similar issues to those addressed in the GLJ decision. [BillMaddensWordpress #2236 ..read more

Hastwell v Parmegiani [2024] NSWCA 55 (Link to JADE). With thanks to Andy Munro and Roop Sandhu for drawing attention to this novel matter. In proceedings in the Supreme Court, the applicant had sought to sue the respondent psychiatrist for negligence, breach of fiduciary duty and contravention of a consumer guarantee with respect to the preparation of the medicolegal report.  The respondent sought to cut the claim off at the start by bringing an application for summary judgment pursuant to r 13.4 of the Uniform Civil Procedure Rules 2015 (NSW) on the basis of witness immunity. That ..read more

Health Care Corporation Pty Ltd t/as Wollongong Private Hospital v Cleary [2024] NSWCA 57 (Link to Caselaw). Graham Cleary underwent spinal surgery at Wollongong Private Hospital, which was operated by the appellant, Health Care Corporation Pty Ltd (HCC). The following day, two registered nurses conveyed Mr Cleary in his hospital bed from the intensive care unit (ICU) to the radiology department (Radiology) for a CT scan. When returning from Radiology to ICU, the bed in which Mr Cleary was being conveyed came into contact with a wall. Following the incident, Mr Cl ..read more

Carter (a pseudonym) v Australian Air League Incorporated & Anor [2024] VSC 95 (publication pending). With thanks to Mathisha Panagoda for noting this interlocutory decision. There was an objection by the plaintiff to a subpoena issued by the first defendant for his entire Medicare history. That objection was ultimately dismissed. The court noted that although a substantial volume of medical records had been produced, there were gaps in the evidence. A number of examples were given ([5]) such as the names of various doctors and the treatment they provided. The Court noted at [9]: The disp ..read more

This matter was the subject of oral argument before all seven members of the High Court yesterday, 14 March 2024. The transcript is now available here: [2024] HCATrans 016. Bishop Paul Bird, representing the Diocese, was the appellant. The appellant’s arguments were (at a risk of over simplifying). 1 Vicarious liability requires a relationship of employment or agency; “akin to employment” should not suffice. 2 In the context of a Notice of Contention raising non-delegable duty, the current law should be continued. In any event the case was not run on that basis at trial. The respondent’s argum ..read more