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,…
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 interesting one. The full decision is linked above (on BAILII). The press summary is copied…
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 damages for pain and suffering had been awarded in the sum of $1.1 million. On…
Bird v. DP (A Pseudonym) (M82/2023)
Torts – Personal Injury – Sexual assault – Vicarious liability – Where trial concerned allegations of sexual assaults against respondent by Catholic Priest in 1971, when respondent was five years of age – Where respondent sued Diocese of Ballarat through current Bishop, who was nominated defendant – Where respondent’s…
