I have written previously about the solicitor’s duties to an elderly client regarding assessing capacity when taking instructions to make a new Will. When a solicitor is concerned that their client has suspect capacity, they are duty bound to obtain …
What does ‘living together’ mean in the context of a claim for a family provision order against a deceased estate?
The New South Wales Court of Appeal recently delivered its decision in the matter of Yesilhat v Calokerinos [2021] NCSWCA …
What is a ‘reportable incident’ for the purposes of a Root Cause Analysis under The Health Administration Act 1982
It is fundamentally important for the proper delivery of public health services that serious clinical incidents are identified, investigated and processes …
The New South Wales Government will claim that our public health system is completely open and transparent when it comes to the release of information around the administration and reporting of adverse clinical events.
In respect of our own Hunter …
The Medical Council of NSW has taken what has been described as an unprecedented decision to impose severe conditions on the practice of Royal Prince Alfred cardiothoracic surgeon Michael Byrom according to an article in The Australian by Natasha Robinson…
Travel – breach of contract – can I claim for distress and disappointment?
Paradise
In Baltic Shipping Company v Dillon (1993) 176 CLR 344, the High Court distilled the law in Australia for claims for compensation for non economic …
……the restrictions under the Public Health Order posed significant obstacles to the signing, witnessing and attestation of documents such as Wills, Powers of Attorney, Appointments of Enduring Guardians, Affidavits and Statutory Declarations, all of which are fundamental to our legal
There has been a high level of concern in the Legal Profession about the ability of lawyers to assist clients with their estate planning and appointment of alternate decision makers, in the context of the current social distancing restrictions. Currently, …
In the UK Court of Appeal decision ARB v IVF Hammersmith and R [2018] EWCA Civ 2803 delivered on 12 December 2018 has resolved the question as to whether a contractual claim for damages as the result of an alleged …
The recent decision of Mr Justice Jay in Edyta Mordel v Royal Berkshire NHS Foundation Trust, in favour of the mother of a child born with Down’s syndrome who claimed damages for the wrongful birth of her son, has …