ArticleRefusal of medical treatment - What are doctors supposed to do?The SA Court ordered a blood transfusion for a 4 year old girl, whose parents had refused consent on religious grounds.AustraliaFood, Drugs, Healthcare, Life SciencesBarry Nilsson
ArticleUnlawful Botox Treatment And Infection Control Failures Result In Prohibition OrderThe 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 SciencesBarry Nilsson
ArticleAre insurance contracts unfair?As part of the review of the Act, the Minister asked if insurance contracts should be subject to unfair contract laws.AustraliaInsuranceBarry Nilsson
ArticleHonest Belief Is No Absolute Defence: Exemplary Damages For Institutional MisconductThe 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.AustraliaInsuranceBarry Nilsson
ArticleThe High Court decision in Tabet v Gett - July 2010High Court held that the current law in Australia does not allow recovery for loss of chance in personal injury cases. AustraliaInsuranceBarry Nilsson
ArticleWhat do the words 'arising out of' actually mean?The meaning of the phrase "arising out of" has recently been considered by the High Court of England and Wales. AustraliaInsuranceBarry Nilsson
ArticleNegligence claim leaks through statutory limitation periodThis decision underscores the importance of body corporates acting promptly when faced with such situations.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleSecurity Slip-Up: Ibbett v Ravesis And The Limits Of LiabilityHotel and security company not liable for patron’s injury during altercation due to poor pleading undermining the case.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleState of Queensland v Allen – so, what exactly is a 'medical report'?The Court of Appeal made it clear that file notes will not generally be discoverable on the basis they are reports.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleNSW Supreme Court finds slab defects do not guarantee full replacementRecent case shows courts favour reasonable, proportionate remedies & warns plaintiffs against claiming only costly fixes without evidence of alternatives.AustraliaReal Estate and ConstructionBarry Nilsson
ArticleWhen Expert Evidence Isn’t Determinative, Can You Still Prove Fraud By Arson?In this case, the Supreme Court of Queensland assessed an arson defence without clear proof of how the fire started, placing weight on the insured’s financial position, pre‑loss actions and post‑event behaviour when considered together.AustraliaCriminal LawBarry Nilsson
ArticleFair Work Commission Rejects Waitress’s Dismissal Claim Over Ambiguous Workplace ConfrontationA part-time waitress was unsuccessful in her general protections application after the Fair Work Commission found that her employer’s instruction to 'go home' during a dinner service confrontation did not, objectively, constitute a dismissal.AustraliaEmployment and HRBarry Nilsson
ArticleWhat must I do before filing a court application regarding my children?Before filing your parenting application, you need to attend a FDRC with your former partner.AustraliaFamily and MatrimonialBarry Nilsson
ArticleWhen ‘fair' is not enough: Considering equitable claims in family law property disputesEquitable claims can significantly affect what property is available to be divided in a family law matter.AustraliaFamily and MatrimonialBarry Nilsson
ArticleCosts To Follow The Event In Victorian Disciplinary Proceedings Under The Health Practitioner Regulation National LawThe Victorian Supreme Court determined that costs should ordinarily follow the event in disciplinary proceedings brought by the National Board against a registered health practitioner.AustraliaFood, Drugs, Healthcare, Life SciencesBarry Nilsson
ArticleA Lesson In Loss: Insurer Not Liable For $3.4 Million In Clean-up Costs For Contaminated SoilThis decision provides useful guidance to underwriters as to how a pollution liability policy clause can be drafted to ensure that it operates as intended by the insurer.AustraliaInsuranceBarry Nilsson
ArticleDisclosure of social media and hiking footage ordered in personal injury claimDecision illustrates that a party to a personal injury claim will not be excused from fulfilling their disclosure obligations due to any alleged invasion of privacy.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleNSWCA Confirms In The Absence Of Appropriate Evidence, Owners Can Refuse Builder RectificationOwners corporation does not have a positive obligation to allow a builder the opportunity to return to rectify defects unless the builder proves the factual foundation for that obligation.AustraliaReal Estate and ConstructionBarry Nilsson
ArticleAvoiding Assumptions On CGT: Why The Full Court Rejected The Availability Of Hypothetical Rollover ReliefIn this case the Full Court of the Federal Circuit and Family Court of Australia has again affirmed the guiding principles set out in Rosati v Rosati [1998] FamCA 38 as to the treatment of potential capital gains tax in property settlement proceedings.AustraliaTaxBarry Nilsson
ArticleCryptocurrency Regulation In Australia: Understanding The New Digital Assets FrameworkThe Corporations Amendment (Digital Assets Framework) Bill 2025 (Cth) (the Bill) marks a significant step in bridging digital asset intermediaries within Australia’s financial services regime.AustraliaTechnologyBarry Nilsson