Not requesting previous records showed lack of reasonable care, but failure was not causative of plaintiff's condition.

A recent decision provides some guidance on what medical practitioners should do when discussing risks with a patient.

The issue was the legal obligations of a medical service provider of a mentally competent patient who wanted to die.

The proceedings were brought by Brightwater Care Group (Inc.), a Perth business providing residential care and rehabilitation for persons with disabilities (Brightwater).

The new governance framework introduced by the Act, focusing on the role, obligations and accountability of 'responsible persons'.

This 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.

Anthony Porthouse is a Sydney barrister who, in May 2001, received instructions from the firm Cameron Gillingham Boyd to advise on the prospects of a Mr James Bahmad making a claim against the Department of Corrective Services.

A clear factual finding of the height differential - therefore it would appear imperative that accurate measurements are taken.

Decision 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.

Courts take into consideration the particular circumstances of an accident when determining the scope of an at-fault driver's duty of care.

A claim for wrongful birth brought by the parents of Keeden Waller is currently before the New South Wales Supreme Court.

Owners 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.

The decision serves as a timely reminder that builders will be liable for defective work where it can be established those works formed part of the builder's scope of work.

In 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.

The 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.

In this matter, the Court had regard to the specific circumstances of shareholdings being unable to be sold on the open market and the terms of the shareholders agreement.

The Supreme Court has confirmed that the threshold for establishing nuisance remains high, and that factual causation will be difficult to establish when there are multiple factors contributing to an incident.

Updated guide forms outline information that must be provided when preparing a response to an unresolved complaint after internal dispute resolution.

The Supreme Court of New South Wales has dismissed a delayed diagnosis claim against two medical practitioners arising from an alleged failure to diagnose syphilis in 2018. The proceedings were determined following an application by the defendants under rule 29.10 of the Uniform Civil Procedure Rules 2005 (NSW).

This decision illustrates the need to consider not only awards made in comparable claims around the rest of the country, but jury verdicts and defamation cases when assessing the quantum of common law general damages in a personal injury claim.