A joint symposium of the Australian Academy of Law and the Australian Academy of Science will be held on 25 November 2024 in Canberra. The AAL newsletter provides the following precis:
SCIENCE IN EVIDENCEScientific evidence of any complexity poses a challenge for the courts.Issues will include:
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Maragol v Berry Patch Preschool Kellyville Ridge Pty Ltd [2024] NSWSC 1077 (Link to Caselaw).
An interlocutory application was made by the State of NSW in the context of this claim, which arose following the death of a child while sleeping at a childcare centre owned and operated by the first defendant, Berry Patch…
WJT v Trustees of the Marist Brothers & Trustees of the Roman Catholic Church for the Diocese of Parramatta [2024] NSWSC 983 (Link to Caselaw).
The particulars of the Plaintiff’s subpoenas were not relevant other than to say that each required production of extensive school records, which in the ordinary course would include the…
Bopping v Monash IVF Pty Ltd [2024] VSC 463 (Link to AUSTLII).
With thanks to Janine McIlwraith for drawing attention to this interlocutory decision.
A number of plaintiffs continue to have embryos stored with Monash IVF (‘stored embryos’). The application proceeded on the assumption that the stored embryos may be required as evidence in this…
Pett and National Disability Insurance Agency [2024] AATA 2690 (Link to JADE).
This matter required consideration of whether compensation received for two personal injury claims was a compensation reduction amount within the meaning of section 11 of the National Disability Insurance Scheme Act 2013, and if a compensation reduction amount applied, the appropriate…
IN THE MATTER of an application by the ROYAL CHILDREN’S HOSPITAL; Re CD [2024] VSC 456 (Link to JADE).
This application by a hospital arose in the circumstances of a child aged 12 years old diagnosed with gender dysphoria, who wished to commence puberty suppression treatment but did not have capacity to consent. The…
TT v The Diocese of Saint Maron, Sydney & SS (No 3) [2024] NSWSC 943 (Link to Caselaw).
In the context of alleged sexual abuse on the part of the second defendant, the plaintiff claimed that he was psychiatrically injured by the conduct of the defendants. The second defendant had previously been the subject of…
Hunter New England Local Health District v C [2024] NSWSC 929 (link to Caselaw).
Consistent with earlier decisions, this matter saw the court make orders in circumstances where the parents consented to surgical procedures but refused consent to possible blood transfusion on religious grounds for a 12 year old boy who had sustained a…
This page contains information on the Australian Government’s response to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission): (Link to page).
A summary of the response is available here: Summary.
The Australian Government has primary or shared responsibility for 172 recommendations. In the initial response…
Gan v Xie [2023] NSWCA 163 (Link to AUSTLII)
Although this NSW Court of Appeal decision is from 12 months ago, the issue has been revisited in other decisions recently so it may be worth noting.
In an affidavit, Ms Di Si and Ms Wills did not purport to recollect the precise words that…
