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Farmers Wants a Wife is back on our televisions, and apparently the farmers want a wife. But what they may not realise is that what they might need, is a family lawyer. You see, these farmers have assets (and no…

Here we go again, Greater Sydney is in extended lockdown with stay at home orders and a possibility of stricter extensions. The Greater Sydney region includes the Blue Mountains, Central Coast and Wollongong areas. Restrictions are reinstated in regional NSW…

Trigger warning: This blog contains explicit references to subject matter and material that may be traumatising or upsetting for survivors of institutional child sexual abuse and their families. Reader discretion is advised. The recent decision in Grant v Bird (Supreme Court…

Complaints about NSW CTP insurers following a motor vehicle accident can now be made to the Independent Review Office. Generally you should raise a CTP motor vehicle accident complaint with the insurer first, but if they fail to respond or…

Interim response by the Australian Government to the Final Report of the Second-year Review of the National Redress Scheme Trigger warning: This blog contains explicit references to subject matter and material that may be traumatising or upsetting for survivors and…

Leg length discrepancy is one of the most common complaints our medical negligence lawyers are seeing post total hip replacement surgery. Australia’s population is ageing with people over 65 making up 15% of the total population. In older age comes…

Drew v QBE Insurance Australia – Local Court of NSW 2020/0012731 Interestingly a worker issued a Court Attendance Notice on QBE with respect to its failure to determine a claim in accordance with the Workplace Injury Management and Workers’ Compensation…

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…

I grew up in Scone, NSW where I lived for most of my life before I got accepted into a Law degree at the University of Newcastle. I didn’t own a horse, but my grandparents did own a farm, where…

In the year 2000 a Mel Gibson movie titled “What Women Want” came out. I saw this movie when it came out, but honestly all I can remember of it was a scene with a bathtub and a hair dryer.…

With an ageing population and an ongoing crisis in aged care, Australia is at a flashpoint, desperate for much needed government spending and reform. The Royal Commission into Aged Care Quality and Safety (2800 pages) resulted in 148 recommendations to…

One of the first decisions to be published by the new Personal Injury Commission (PIC) in relation to a workers compensation claim for psychological injury was determined on 22 March 2021. The case, Green v Secretary, Department of Regional NSW…

If the heading has grabbed your attention, it may be that you are young, single and healthy! Or, like me, you’ve recently watched “Suddenly Thirty” starring Jennifer Garner, and the catch phrase “Thirty, Flirty and Thriving” is stuck in in…

For the majority of my life, I have lived in the Newcastle/Lake Macquarie area. I attended both New Lambton Public and New Lambton South Public School for primary before I went onto Kotara High School and Hunter Christian School. I…

When volunteer surf lifesaver Glen Roberts made a claim for a bad shoulder injury that he suffered on the job in 2017, his rehabilitation was undertaken by Rehab Co, an accredited workers compensation company which contracts with the state insurer,…

I grew up here in Newcastle. I went to Hamilton South Public School and then around the corner to Newcastle High School, where I attained my HSC in 2002. I took a year off and worked here in Beaumont Street…

In New South Wales, it is compulsory for all employers (with a few exceptions) to have workers compensation insurance, unfortunately it doesn't always apply to delivery and rideshare drivers. Independent contractors who work with a business rather than being employed by…

Dr Richard Reid, Obstetrician-Gynaecologist, was found guilty of professional misconduct in September 2018 following a number of complaints brought by the Health Care Complaints Commission. Sixteen of his former patients from a Sydney private hospital assisted the NSW Civil and…

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…

If I think back on the year that was 2020, I immediately think of this scene at the start of Harry Potter and the Half Blood Prince.  These are mad times we live in! Mad! Yep, 2020 was a mad…

Section 32A of the WORKERS COMPENSATION ACT 1987 defines a worker with highest needs as a worker whose injury has resulted in permanent impairment that has been assessed or the insurer has agreed is 31% or more. A worker with 31% or more…

The recent case of Barbosa v Rio Formwork Pty Ltd [2020] NSWWCC 17 before the NSW Workers Compensation Commission (WCC) presented some interesting questions about how we determine whether a worker’s employment was a “substantial contributing factor” in the cause…

Our specialist medical negligence lawyers have extensive experience with claims involving orthopaedic negligence. Orthopaedics is the medical specialty that focuses on the musculoskeletal system. This includes bones, muscles, joints, tendons and ligaments. Orthopaedic surgeons perform surgeries such as repairing broken…

Judicial officers (ie magistrates, judges, and justices) have the power to grant what is known as a ‘pseudonym order’ to protect a person’s anonymity. Sometimes, a litigant wishes to remain anonymous in order to protect their identity. The same can…

Incident investigations in NSW public hospitals are required when there are poor outcomes and adverse clinical incidents. The reporting and investigation of poor outcomes and adverse clinical incidents are important to maintaining and improving the quality of the provision of…

https://www.mcnsw.org.au/sites/default/files/procedure_-_guidelines_for_self-treatment_and_treating_family_members_pdf.pdf The NSW Medical Council has guidelines in place for registered medical practitioners in relation to treating themselves and family members (updated 2 December 2014). The Guidelines follow the Code of Conduct published by the National Medical Board of Australia…

On Tuesday night the Australian Government announced the new Federal budget. If, like me, you are a bit of a political nerd, this would have been quite the riveting event for you and you probably know everything I’m about to…

In this case study the onus was on the worker to prove his back injury occurred as a result of negligence by the employer. Smith v Coles Supermarkets Australia Pty Ltd t/as Coles Distribution Centre; Ready Workforce (A Division of…

The Personal Injury Commission Act 2020 (“the Act”) commences on 1 March 2021 and will create a single Tribunal for the resolution of workers compensation and motor accidents compensation personal injury disputes called the Personal Injury Commission. The Personal Injury…

Separating is rarely easy, but with the right advice and assistance from a family lawyer it can be a lot simpler than otherwise. Listed below are five of the most important things to do or consider after separation: If you…

I remember the first time I thought I might become a lawyer. I was thirteen and I had my first class in Year 8 commerce, an elective my high school offered that my mum encouraged me to take, despite my…

Something very cute happened this week. The Bachelor in Paradise finale aired and we got to watch Glenn and Alisha and Mary and Connor commit to relationships with one another and leave Paradise together. Nine months on and according to…

It was shocking to learn earlier this year that the NSW State-owned worker’s compensation insurer, icare, had underpaid injured workers who had successfully made claims by up to $40 million. We were even more shocked and disappointed to learn just…

If you read my first blog on co-parenting and the television program Love Life, you will probably have picked up on the fact that I love my girly tv shows. Another one I recently discovered (after a recommendation from my…

Whilst CIOLPAN -v- SWAN TRANSIT SERVICES (SOUTH) PTY LTD [2020] WADC 95 is a Western Australian case, it provides useful guidance on the employer’s duty to provide a safe workplace for their employees. Background On 11 June 2015 the worker…

I have lived in Newcastle my whole life where I attended Mayfield West Demonstration School in primary eventually moving onto Callaghan College Waratah Technology Campus, for years 7-10, where I began my high school years. For years 11 and 12…

Ghosh v Medical Council of NSW [2020] NSWCA 122 The Medical Council has the power to suspend or impose conditions on a doctor’s registration if it is satisfied that it is appropriate to do so for the protection of the…

Over the last few weeks I’ve been hearing quite a bit about a new show on Stan starring Anna Kendrick, titled ‘Love Life’. A couple of weeks ago I found myself bored at home, with some free time on my…

For various reasons, sometimes a person instructs a solicitor to draft a Will on their behalf, but the document is never signed by the client. So, what happens when the wheels are in motion, but the document has not been…

If you think you have a claim for compensation as the result of personal injury, it is important that you act quickly to instruct solicitors and obtain sound advice before the expiry of the Limitation Period. The Legislation In NSW…

On 16 June 2010 between 7:30am and 4pm, the worker, Michel Carroll was attacked and killed by her de facto partner, Steven Hill who was subsequently found not guilty of murder by reason of mental illness. Michel and Steven were…

I’ve lived in Newcastle my whole life, growing up in the suburbs of Lake Macquarie and attending local schools. In high school I always had a keen interest in health sciences and after graduating was lucky enough to be accepted…

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.…

What is Notional Estate? A person’s last Will dictates how their estate assets are to be distributed upon their death. However, estate assets only include property which is owned solely by the deceased person as at the date of their…

Essential workers and those who work in at-risk working environments now have increased protections in NSW. The Workers Compensation Act 1987 has been amended to include a new section 19B, creating a presumption in favour of those working in ‘prescribed…

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 loss…

We know that COVID-19 tends to be a far more severe and life-threatening disease for elderly people.  Residents of aged care facilities are particularly vulnerable because of their age and because they live in close proximity to the other residents. They…

…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…

Breast augmentation is a type of cosmetic surgery which involves having implants inserted underneath the breasts. Many women choose to undergo breast augmentation to enlarge their breasts, restore volume after weight reduction or breast feeding, even the appearance of asymmetrical…

On 16 September 2016 the Plaintiff was involved in motor vehicle accident that was not her fault and claimed damages from the CTP insurer for the vehicle at fault. The insurer alleged the Plaintiff had not suffered a compensable injury…

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,…

The Court’s Power to Make a Statutory Will Under the Succession Act 2006 (NSW), the Court has the power to authorise a will to be made, altered or revoked for a person without testamentary capacity. The creation of such is…

The recent train derailment North of Melbourne, killing the train driver and pilot as well as injuring 11 passengers, has sparked conversations around the immediate and ongoing effects that these incidents have on the mental health of emergency services staff.…

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…

Many plaintiffs have made anecdotal comments to their lawyers about the attitude and manner of the medico-legal doctor who has examined them.  Two recently reported cases regarding expert witnesses, however, detail conduct that goes beyond the normally complained about behaviour.…

I wasn’t sure what I wanted to do after I finished school but studying law seemed like a sensible option. I was starting to feel pretty worried when I was four years into my five-year degree and still nothing had…

Childbirth can be a wonderful experience for many women, but unfortunately this is not the case for all. Even in the best of cases, intervention may be required during labour, meaning action is taken by a midwife or doctor to…

For most women the delivery of a baby is a wonderful and positive experience. But, some women can experience severe physical and mental trauma during the delivery process. For Wendy Shi, her story, as told in the Sydney Morning Herald,…

An integral part of the doctor and patient relationship is the notion of consent which is wrapped up with the concept of autonomy. Medical procedures typically involve trauma to the body that would invoke criminal sanctions were they not performed by…

I grew up in Lake Macquarie with my family, where I attended school and graduated with my HSC in 2015. Following school, I knew I wanted to continue to study and by the end of 2016 I graduated Passmores Business…

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…

A proposed ban of specific textured breast implants has been announced by the Therapeutic Goods Administration (TGA) due to the increased risk of cancer they present. Many parts of Europe have already enacted a similar ban due to the well…

On 9 August 2019 the NSW Minister for Customer Service, Victor Dominello, published a media release supporting reforms to the dispute resolution systems for injured road users and workers. The announcement is in response to the NSW Parliament Law and…

The recent NSW Court of Appeal case of White v Redding [2019] NSWCA 152 is a useful example of the process the Court undertakes in calculating compensation for a victim of someone else’s negligence. It also highlights how a simple…

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…

I grew up in a disaster prone spot in the North Island of New Zealand, as the third child of four to a Dutch couple. The commonly occurring floods and earthquakes, and even a volcanic eruption, were scored at school…

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 Appellant')…

It is a good idea to think very carefully before loaning your car to another person.  Who takes the rap if there is a speed camera or parking ticket?  There are a range of legal consequences for the owner of…

I am originally from Wales in the UK, but went to Liverpool University in the north of England to read for a degree in Classical Studies, which is a study of classical Greek and Roman literature, history and art. Some…

I graduated from UNE in 2009 with a Bachelor of Law and Commerce. I then completed a Graduate Diploma of Legal Practice through the College of Law whilst completing my practical experience at a small law firm in Port Macquarie…

The issue of eligible recipients of an adult child's superannuation death benefit was considered by the Federal Court of Australia (FCA) on 4 December 2018, in Williams v IS Industry Fund Pty Ltd [2018] FCAFC 219 (“Williams”) which concerned an…

What power does the Supreme Court have to override parent’s wishes in regard to medical treatment for their children? The Supreme Court in its Equity Division, Protective List has the power to do many things which contradict the wishes of…

I grew up in Muswellbrook, a small country town 127 km north-west of Newcastle. After completing my HSC in 2015, I had no idea of what profession I wanted to study so I deferred from University for 12 months and…

One of the most common questions I’m asked about, particularly in criminal matters and medical negligence cases where clients have recorded conversations with physicians, is whether recordings taken during private conversations without the consent of the other party can be…

A few years ago I finished my HSC exams, and along with many other people my age, I had no clue as to what profession/career I wanted to enter into. After receiving a great deal of advice from my teachers…

An industrial deafness case study: Patricia Lynch Ms Patricia Lynch worked as a process worker for Inghams Enterprises Pty Ltd from 1990 until 4 January 2008 when she voluntarily left. On 8 July 2011, Ms Lynch had her hearing checked…

Myocardial Infarction (heart attack and acute coronary syndrome) A myocardial infarction (MI), or heart attack, occurs when blood flow decreases or stops to the heart, causing irreversible death of the heart muscle. It occurs when there is a blockage of one of the three arteries…

If you post on Facebook, other social media sites, or via your business website and allow comments, care must be taken to review the comments carefully and where potentially offensive or defamatory of a third party to remove them as…