ArticleApplication of the peer defence in medical negligence cases: Australian Legal UpdateTo establish the peer defence, medical practitioners must show that an established practice existed at the alleged time.AustraliaFood, Drugs, Healthcare, Life SciencesDWF (Australia)
ArticlePharmacist's appeal a cause for real concernThis was an appeal against an earlier order to cancel a Pharmacist's registration, because of professional misconduct. AustraliaFood, Drugs, Healthcare, Life SciencesDWF (Australia)
ArticlePharmacist's appeal was a - cause for real concernNCAT was not relevantly satisfied that Mr Fryar was a fit and proper person to be re-registered as a pharmacist.AustraliaFood, Drugs, Healthcare, Life SciencesDWF (Australia)
ArticleDefending manual handling cases - Is generic manual handling training ever enough? Australian Legal UpdateTwo cases demonstrate the importance of ensuring manual handling training and instruction is provided to all workers.AustraliaEmployment and HRDWF (Australia)
ArticleUnique living arrangements grounds for awarding damages for gratuitous services: Australian Legal UpdateThe Plaintiff was awarded significant damages, over a million dollars, which included an award for gratuitous damages.AustraliaEmployment and HRDWF (Australia)
ArticleWhat are reasonable adjustments in disability discrimination law?There is a statutory obligation on employers to make reasonable adjustments to the role for employees with impairments.AustraliaEmployment and HRDWF (Australia)
ArticleWho is an Officer within the meaning of the Work Health and Safety Act 2011?A project manager, who was involved in the decision-making, was found not to be an officer within the meaning of the Act.AustraliaEmployment and HRDWF (Australia)
ArticleCouncil's responsibility when evaluating tendersThe case illustrates the practical operation of "sound contracting principles", to be included in a procurement policy. AustraliaGovernment, Public SectorDWF (Australia)
ArticleMulti-agency, cross-jurisdictional approach to heavy vehicle compliance: Australian Legal UpdateThe approach in 'Operation Rolling Thunder' could be indicative of enforcement of the Heavy Vehicle National Law (HVNL).AustraliaTransportDWF (Australia)
ArticleReasonable adjustments to be considered before terminationEmployers must first enquire if an injured worker could adequately perform the job if reasonable adjustments were made.AustraliaEmployment and HRDWF (Australia)
ArticleMy Health RecordMy Health Record system is under inquiry for items such as expected benefits, opt-out, system roll out, privacy issues etc .AustraliaPrivacyDWF (Australia)
ArticlePatients without capacity: Court orders patient cannot refuse recommended treatment.The question of capacity arises when a patient refuses treatment that the practitioner considers is in his best interest.AustraliaFood, Drugs, Healthcare, Life SciencesDWF (Australia)
ArticleMs Farnham's Castle and the Law of Common SenseHer employment was not a significant contributing factor so she did not meet the definition of 'injury' under the WCRA.AustraliaEmployment and HRDWF (Australia)
ArticleQuarterly statistics report: health information involved in 24 per cent of data breaches: Australian legal updateThe briefing considers this data protection regime, with useful compliance information for all health service providers.AustraliaPrivacyDWF (Australia)
ArticleChanges to foreign investment rules have commencedThese changes impact on builders and developers who sell and market to foreign buyers, who now pay a fee to the FIRB. AustraliaGovernment, Public SectorDWF (Australia)
ArticleMs Farnham's Castle and the law of common senseThe injury, on Ms Farnham's journey from home, where she worked, to a client's house, invoked the operation of the CLA.AustraliaEmployment and HRDWF (Australia)
ArticleEmployer liable for threats to carerThe Residential Care Worker was subject to verbal abuse and physical aggression by a young person in her care.AustraliaEmployment and HRDWF (Australia)
ArticleMs Farnham's Castle and the law of common senseRemote workers who are injured when driving to another workplace are subject to the more limited scheme of CLA damages.AustraliaEmployment and HRDWF (Australia)
ArticlePlaintiff's requests for information - just an exercise in running up legal costsThe decision is a timely reminder that section 279 of the WCRA does not provide a means to ask for excessive information.AustraliaEmployment and HRDWF (Australia)
ArticleThe perils of being drunk at a work conferenceMere evidence of modest intoxication at work will generally not be sufficient to dismiss an employee without notice.AustraliaEmployment and HRDWF (Australia)