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  • Article

    Health Law News

    The plaintiff had been unable to work for a period of time and sought to obtain an early payment from his superannuation policy on the basis of "permanent incapacity". In order to obtain the payment the plaintiff required 2 medical certificates to be submitted with his application. The plaintiff sought one of the medical certificates from his longstanding GP (the first defendant) and the other from the third defendant who the plaintiff had attended upon at a community mental health clinic, opera
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Barry Nilsson
    Barry Nilsson
  • Article

    Health Practitioners and the regulation of sexual misconduct in the noughties and beyond......

    The annual report of the Australian Health Practitioner Regulation Agency (AHPRA) for 2010/11 has been released.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Barry Nilsson
    Barry Nilsson
  • Article

    The Insurance Industry and Disaster Events

    The Parliamentary Committee conducted an inquiry into the operation of the insurance industry during disaster events.
    AustraliaInsurance
    Barry Nilsson
    Barry Nilsson
  • Article

    What is an injury "claim" in an insurance policy?

    The Supreme Court of Queensland recently considered what constitutes a "claim" within the terms of an insurance policy.
    AustraliaInsurance
    Barry Nilsson
    Barry Nilsson
  • Article

    Extending the limitation period in medical negligence cases - a subjective approach

    Recent case highlights the court's approach to extending limitation periods in medical negligence cases.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Local council not liable for injuries to child who fell from cliff

    Reminder: in assessing a breach of duty of care, a court weighs the burden of avoiding harm across similar situations, not just the specific one in dispute.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Risk Must Be Real: The Limits Of The “Dangerous Recreational Activity” Defence

    The plaintiff was injured during a yacht racing collision and brought proceedings against the defendants, who argued that yacht racing was a 'dangerous recreational activity' such that no duty of care was owed under the Civil Liability Act.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Supreme Court Clarifies Section 36 CLA Defence For Local Authorities

    The Supreme Court has delivered clarification and detailed reasoning regarding the practical application of section 36 of the Civil Liability Act 2003 (Qld) with respect to a claim for negligence against a Council performing works, which included placing a barricade across a footpath.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Cracks In The Duty: When Engineers Miss The Foundations

    Where the potential for harm is substantial, engineers have a duty to undertake appropriate investigations to verify the structural soundness of their work.
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson
  • Article

    The Court of Appeal provides clarity on subrogated cladding claims

    This article highlights the Court of Appeal's clarification on the application of s 137 of Building Act.
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson
  • Article

    The Reach Of The Duty Under The DBPA: Can You Pierce The Corporate Veil?

    Alta Vale Residential Pty Ltd (In Liq) (Rec Apptd) v STM123 Pty Ltd [2026] NSWSC 882 considers whether an individual project manager owes a duty of care under section 37 of the Design and Building Practitioners Act 2020 (NSW).
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson
  • Article

    Deadline Defined: TASCAT's Firm Stance On MAIB Claim Timeframes

    This decision clarifies and reinforces the strict timeframes for making claims for scheduled benefits from the MAIB in Tasmania.
    AustraliaTransport
    Barry Nilsson
    Barry Nilsson
  • Article

    Kennon V. Spry – The High Court And Discretionary Family Trusts

    Discretionary family trusts are not uncommon. Whether created for some tax benefit, or to avoid other imposts on transfer or disposition, these trusts often play an important role in the asset management of a family.
    AustraliaFamily and Matrimonial
    Barry Nilsson
    Barry Nilsson
  • Article

    Tips for co-parenting during the holidays

    Practical guidance designed to support you to prioritise the welfare of your children, while managing your own emotional wellbeing during the holiday season.
    AustraliaFamily and Matrimonial
    Barry Nilsson
    Barry Nilsson
  • Article

    Why Family Law And Disclosure Can Never Be Torn Apart

    A recent UK Court of Appeal decision involving a former manager of the Australian band INXS and a wealthy international family dispute has brought renewed attention to the fundamental importance of full and frank financial disclosure in family law proceedings. The decision carries important lessons for Australian parties about transparency, finality and the treatment of gifts and inheritances in family law matters.
    AustraliaFamily and Matrimonial
    Barry Nilsson
    Barry Nilsson
  • Article

    Psychiatrist of Bondi attacker referred to Health Ombudsman after poor management failed to prevent tragedy

    The NSW Coroner criticised the treating psychiatrist's management in the WBJ inquest & referred the matter to the Qld Health Ombudsman.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Barry Nilsson
    Barry Nilsson
  • Article

    Unlawful Botox Treatment And Infection Control Failures Result In Prohibition Order

    The Health Care Complaints Commission placed a prohibition order on Ms Huirong Zhou, a non-registered practitioner, following a Botox treatment she administered to a patient causing iatrogenic botulism and persistent difficulty swallowing and speaking...
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Barry Nilsson
    Barry Nilsson
  • Article

    Honest Belief Is No Absolute Defence: Exemplary Damages For Institutional Misconduct

    The High Court confirmed that an institutional defendant cannot escape exemplary damages simply because its agents honestly believed their conduct was lawful. Where institutional failures expose callous disregard for vulnerable people in their custody, exemplary damages remain available.
    AustraliaInsurance
    Barry Nilsson
    Barry Nilsson
  • Article

    Negligence claim leaks through statutory limitation period

    This decision underscores the importance of body corporates acting promptly when faced with such situations.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Security Slip-Up: Ibbett v Ravesis And The Limits Of Liability

    Hotel and security company not liable for patron’s injury during altercation due to poor pleading undermining the case.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson

Showing 101–120 of 326 results

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