ArticleWoman gives birth to stranger's baby – Monash IVF's error after error causing mistrust in the industryReforms in IVF laws and regulations to ensure greater transparency and accountability in the IVF industry. AustraliaFood, Drugs, Healthcare, Life SciencesBarry Nilsson
ArticleAI And The Law: New Guidelines And The Consequences Of MisuseLaw Institute of Victoria published comprehensive guidelines for the ethical use of AI in legal practiceAustraliaLaw Practice ManagementBarry Nilsson
ArticleFailure to warn: Wallace v Kam prevails againRecent case emphasises the importance of causation in failure to warn cases & that documentation is paramount.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleJust A Social Media Post? Doctors, Think Twice – Your Registration May Be At StakeMedical practitioner referred to the Tribunal by the Medical Board after publishing a number of social media posts degrading conduct of other medical practitioners.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleLimitation Periods: Whose side is time on?Discusses recent Queensland ltitgation which considered limitation periods.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleRelevance, efficiency, and proportionality – the ambit of the duty to discloseThe obligation on parties to provide full and frank disclosure continues throughout the proceedings until the dispute has been resolved. AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleWidely accepted practice in medicine allows for more than one solution to a health issueThe court emphasised the importance of the neutrality of retained experts. AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticlePenalties Awarded For Breach Of The Privacy ActThis case highlights the importance of APP entities being aware of their obligations when it comes to matters of cyber security.AustraliaTechnologyBarry Nilsson
ArticleHost Employer Liability Turns On Control And SafetyThe recent Supreme Court of NSW decision in Gong v AWI Steel Pty Limited concerns proceedings brought by Mr Gong (plaintiff) against AWI Steel Pty Limited (defendant), in which a host employer was found liable for a contractor’s serious workplace injury, despite having written safety policies in place.AustraliaEmployment and HRBarry Nilsson
ArticleSupermarket Giants Vs Fair Work Ombudsman: Employer Takeaways From Landmark Federal Court DecisionThis case provides a number of key considerations and implications for employers across Australia.AustraliaEmployment and HRBarry Nilsson
ArticleWarning To Financial Services Licensees: Federal Court Imposes $10.3M Penalty For Compliance And Reporting FailuresA recent Federal Court decision imposing a $10.3M penalty on Mercer Superannuation (Australia) Limited highlights the significant consequences of failing to maintain adequate compliance systems and meet reporting obligations.AustraliaFinance and BankingBarry Nilsson
ArticleSupreme Court Of Victoria Authorises A Life-Saving Stem-Cell Treatment For A 15-Year-Old PatientThe Supreme Court of Victoria has authorised the Royal Children’s Hospital to administer a stem cell transplant to increase the likelihood of survival for a 15-year-old girl against the objections of both the child and her mother.AustraliaFood, Drugs, Healthcare, Life SciencesBarry Nilsson
ArticleAI In The Courtroom: Lessons From Recent Cases And Regulatory ShiftsAI continues its rapid transformation of the Australian legal industry, with legal AI adoption at an all-time high across the profession.AustraliaLaw Practice ManagementBarry Nilsson
ArticleAppealing to reason – $1.9m reduction in damages by SA Court of AppealRecent decision provides greater certainty for insurers, ensuring that damages assessments are grounded in substantiated evidence when quantifying loss.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleDefamation: Serious harm and media accountabilityThis decision is a reminder of the steps which need to be taken and criteria to be satisfied in order to successfully rely on the defences of honest opinion, statutory qualified privilege and justification under the Defamation Act 2005.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleHigh Court clarifies the tort of private nuisance as it applies to statutory authoritiesPublic authorities may be liable in private nuisance for construction impacts unless they can prove the interference was reasonable or inevitable.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleMuch-needed Judicial Guidance In Forced Adoption Cases From LamontIn the forced adoption case of Lamont, the Supreme Court confirmed that the plaintiff’s consent to the adoption of her child in 1968 was valid and informed, rejecting claims that she was coerced into doing so. The Court further found that the defendants adhered to the societal and legal standards of the time, and were not in breach of their duty of care in the course of the adoption.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleSupreme Court Of NSW Allows Limitations Defence And Refuses Extension Of Time ApplicationThe Court concluded that an extension of time was not 'just and reasonable', given the prejudice caused to the defendant by the lengthy delay.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleSettling Parties Beware: The Dangers Associated With Settlement Agreements Where Parties Agree To Carry Out Subsequent Rectification WorksThe NSW Supreme Court explored the application of a settlement agreement arising in prior NCAT proceedings to the performance of repair works, as well as considered the respective defendants’ liability under separate claims pursuant to the Design and Building Practitioners Act 2020 (NSW) and the Home Building Act 1989 (NSW).AustraliaReal Estate and ConstructionBarry Nilsson
ArticleYou’ll Have To Prove It: Court Confirms Plaintiff Must Prove Causation In Claim Against Insurance BrokerIn a recent decision of the Victorian Supreme Court, Justice Osborne considered the scope of s 52 of the Wrongs Act 1958 (Vic), which states that a plaintiff must prove causation.AustraliaReal Estate and ConstructionBarry Nilsson