LSR3 v New South Wales [2024] NSWSC 1570 (Link to Caselaw).
With thanks to Robert Algie for drawing attention to this decision.
By these proceedings the plaintiff sought compensation for alleged historic child abuse. The plaintiff sued multiple defendants including the State of New South Wales and the South East Sydney Local Health District of Caringbah (SESLHD).…
Barclay v Trustees of the Marist Brothers (Ruling) [2024] VCC 1859 (Link to AUSTLII).
Gregory Barclay, the plaintiff, sought relief from the compromise of a claim for personal injury damages recorded in a Deed entered into on 12 November 2015 (“the previously settled cause of action”) with the defendant, the Trustees of the Marist…
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 enter Australian law six months after the Bill receives assent.
There will be exemptions for…
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 on 3 February 2025. Associated amendments to the Uniform Civil Procedure Rules will also come…
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 discussed in the 1999 US Institute of Medicine’s report “To Err is Human: Building…
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 hospital operated by the respondent.
Mr Stewart appealed the primary judge’s decision, contending that the…
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 Release (2011) and filed affidavits (of the plaintiff and of his solicitor) in support of…
(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 of Western Australia, which dismissed an appeal against a decision of the Supreme Court of…
(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 Court of Queensland granting a permanent stay of proceedings commenced by the appellant (“Ms Willmot”)…
(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 Catholic Diocese of Ballarat (“the Diocese”) against a decision of the Supreme Court of Victoria,…
