Insights Insights
  1. Court rejects expert’s evidence – independence remains paramount

    4 July 2022 | Insurance & Health Law

    An expert’s report and her evidence was rejected due to the involvement of the instructing solicitors in the production of her report. In Issue The Federal Court heard a claim by New Aim Pty Ltd (the applicant) concerning alleged use of confidential...

  2. Plaintiff fails to establish causation where hospital admits breach of duty caused delayed diagnosis of pancreatic cancer

    22 March 2022 | Insurance & Health Law

    In this recent ACT Supreme Court case the court rejected evidence from two oncologists holding that neither expert had the relevant experience and expertise to comment upon the critical aspects of the treatment provided by the defendant and rejecting the relevance of studies relied upon by those...

  3. Victorian Supreme Court confirms alleged perpetrator right to self-incrimination privilege in context of defending civil proceeding allegations

    26 July 2021 | Insurance & Health Law

    The Victorian Supreme Court has recently considered the operation of s 128 of the Evidence Act 2008 (Vic) (the Act) and whether it was in the interests of justice to require an alleged perpetrator of sexual abuse to give evidence in civil proceedings. His Honour rejected the defendant’s...

  4. The medico-legal headache: 3 months and you’re out

    16 June 2021 | Insurance & Health Law

    The effect of a recent Queensland Supreme Court decision that considered timing and delays in obtaining medico-legal evidence is resulting in personal injury claims being subjected to arbitrary conditions on the timing of medico-legal examinations. Among the most popular is a condition being imposed...

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