The Courts have experienced a large increase in claims by people who allege to have suffered pure mental harm as the result of witnessing a person being killed, injured or put in peril caused by the negligence of another. The …
‘Loss of consortium’ is a common law head of damages that allows a husband to claim compensation for loss of certain marital rights/services, in circumstances where his wife has suffered injury resulting from the wrongful act of another. It is …
A vexatious litigant is someone who persistently commences court action solely to harass another, or for an ulterior purpose. Litigation may be classified as vexatious where it is repetitive, burdensome and/or meritless.
The Supreme Court (the Court) on its own …
If you are keeping up to date with our blogs, you will be aware that Victoria generally leads the way with its progressive health law initiatives. It is no surprise then that Victoria and Tasmania are among the first states …
The Reproductive Health Care Reform Bill 2019 (termed the ‘Abortion Bill’) was recently passed by Lower House. This article begins by outlining the crime of abortion and case law developments in the area. It then discusses the substantive elements of …
The New South Wales Court of Appeal recently handed down the interesting family provisions decision of Steinmetz v Shannon [2019] NSWCA 114. The principal issue on appeal was whether the annuity given by the deceased to his widow (‘the …
The High Court of Australia in Masson v Parsons & Ors (case S6/2019) is currently deliberating over whether sperm donors can be recognised as legal parents, in certain circumstances.
In 2006 Newcastle man ‘Robert’ donated sperm to his long-term friend …
The Industrial Chemicals Act 2019 (Cth) is due to commence in July 2020. This Commonwealth Act is a direct response to lobbying efforts from Humane Society International and Humane Research Australia, who partnered together for the “#BeCrueltyFree Australia” campaign …
The NSW Court of Appeal recently handed down its decision in the appeal matter of Squire v Squire [2019] NSWCA 90. This case involved a family provision claim against the estate by the children of the deceased.
Richard Squire had …
Up until recently, physician assisted dying has been a somewhat taboo topic in Australia. Whilst the topic it is still met with some controversy, last year Victoria passed the Voluntary Assisted Dying Act 2017 (“the Act”). This Act is the …