This material is drawn from a note by the NSW Crown Solicitor’s Office (Link to CSO).
With the passage of the Privacy and Other Legislation Amendment Bill 2024 (Cth), a new statutory tort for serious invasions of privacy will
Bill Madden
This website provides updates on medical law and related issues, mostly in Australia. It is maintained by Bill Madden.
He is a lawyer in private practice in Australia, a Fellow of the Australian Academy of Law and also an Adjunct Fellow at the School of Law and at the School of Medicine, Western Sydney University, an Adjunct Professor at the Australian Centre for Health Law Research, Queensland University of Technology and a Senior Fellow, Melbourne Law Masters, University of Melbourne.
Website:
https://billmaddens.wordpress.com/
Practice & Procedure: Generative AI practice note.
By Bill Madden
Practice Note SC 23 (Link to Supreme Court NSW)
Use of Generative Artificial Intelligence (Gen AI)
With thanks to Justine Anderson for drawing attention to NSW Supreme Court Practice Note SC 23, issued today with a view to commencement…
Medical: To err is human, revisited.
By Bill Madden
In a recent editorial in theBMJ, Haskell comments a recent study by Duclos, which sets out to create an updated baseline for surgical adverse events in the US, broadly modelled on the original 1991 Harvard Medical Practice Study as later…
Medical: Damages assessment – home or care facility.
By Bill Madden
Stewart v Metro North Hospital and Health Service [2024] QCA 225 (link to JADE).
This appellate consideration of damages for future care followed an admission of duty, breach and causation, arising from the appellant’s treatment as a patient at a…
Abuse: Privilege in the context of an application to set aside Deed (NSW).
By Bill Madden
JM v Trustees of the Marist Brothers [2024] NSWSC 1446 (Link to Caselaw).
With thanks to Cameron Lee for drawing my attention to this matter. The plaintiff in 2023 filed an application to set aside an earlier Deed of…
High Court: Bird v DP [2024] HCA 41.
By Bill Madden
(Link to JADE)
Court summary below.
Today, the High Court unanimously allowed an appeal from a decision of the Court of Appeal of the Supreme Court of Victoria, which dismissed an appeal by the nominated defendant for the Roman…
High Court: Willmot v State of Queensland [2024] HCA 42.
By Bill Madden
(Link to JADE)
Court summary below.
Today, the High Court allowed an appeal in part from a decision of the Court of Appeal of the Supreme Court of Queensland, which dismissed an appeal against a decision of the Supreme…
High Court: RC v Salvation Army [2024] HCA 43.
By Bill Madden
(Link to JADE)
Court summary below.
Today, the High Court unanimously granted special leave to appeal, and a majority of the Court allowed the appeal in full, from a decision of the Court of Appeal of the Supreme Court…
Civil liability + public authorities (UK).
By Bill Madden
Tindall & Anor v Chief Constable of Thames Valley Police [2024] UKSC 33 (Link to BAILII)
Some caution needs to be applied by Australian lawyers referring to UK cases, but the recent UK Supreme Court decision is nonetheless an…
Abuse: Appeal from jury verdict (Victoria).
By Bill Madden
Bishop of Wagga Wagga v TJ (a pseudonym) [2024] VSCA 262 (Link to AUSTLII).
With thanks to Kate Flanigan and Greg McAlister for drawing attention to this decision which addressed damages awarded to a claimant by a jury.
General…