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School’s settlement agreement with 1980’s victim of institutionalised sexual assault upheld despite changes to limitation period
16 September 2020 | Insurance & Health LawA former student of the Brisbane Grammar School, who settled a claim for damages for sexual assault prior to recent amendments to the relevant limitation period, has had his application to set aside that agreement and take the matter to trial dismissed....
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Medical panel determination outside of time is not an error of law
11 September 2020 | Insurance & Health LawThe plaintiff brought proceedings in the Victorian Court of Appeal seeking judicial review of the Certificate of Determination by the Medical Panel. The Determination was made outside the time limit prescribed by section 28LZG(3)(a) of the Wrongs Act...
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When in … France? A novel application of lex loci deliciti in medical negligence proceedings
20 August 2020 | Insurance & Health LawThe NSW Supreme Court applied the law of France to determine breach of duty by a surgeon who performed knee surgery on a professional rugby player, and also to determine the appropriate damages to award. The Background Mr Lucas Anthony Miller (the...
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Previous settlement a bar to recovery for victim of historical abuse
17 August 2020 | Insurance & Health LawAn applicant who had entered into a settlement with the respondent prior to changes removing the limitation period for victims of child sexual abuse, has failed to have the previous settlement set aside in order to pursue a further claim. In Issue The...
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The Clock is ticking…until time’s up!
13 August 2020 | Insurance & Health LawThe Supreme Court of NSW has refused a plaintiff’s application for an extension of time to commence proceedings claiming damages for psychiatric injury arising out of his exposure to traumatic incidents during his service with the NSW Police Force....
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Electronic Signatures and Witnessing from a Social Distance in Queensland
26 May 2020 | Insurance & Health LawIn the context of COVID-19 and with much of the population still working from home, industry today relies more than ever on being able to transact business digitally. The legal profession is no exception. The COVID-19 Emergency Response Act 2020 (Qld) was...
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