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Staff Stories: Tom Hunter-Leahy
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…
Workers compensation for delivery and rideshare drivers?
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
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’
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 Reality of Open Disclosure – Hunter New England Local Health District
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…
Co-parenting in COVID times
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…
Workers compensation – worker with highest needs
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…
Work injuries resulting in death
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…
Orthopaedic negligence
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…
Anonymity in Legal Proceedings: Pseudonym Orders
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…
Legal Options Following Traumatic Birth
Traumatic births frequently lead women to consider whether there are any legal avenues for redress, particularly where the mother and/ or the baby are left with challenging injuries. Mothers are motivated by a number of factors, some of these are:…
Adverse clinical incidents in NSW Public Hospitals
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…
Guidelines for self-treatment and treating family members by doctors
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…
The Federal Budget and Family Law
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…
Back injury case study
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…
New Personal Injury Commission to hear both Workers Compensation and Motor Vehicle Accident disputes
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…
Top Five Things to do Post-Separation
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…
Staff Stories: Emily Ostler
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…
Relocation of children
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…
12 year long stop limitation period tested
Limitation periods in the medical negligence arena were a feature of the recently decided Supreme Court decision of his Honour Walton J in Lewicki v Hunter New England Local Health District [2020] NSWSC 1037 . This matter gives important guidance…
Case Study: Disputed injury
The case of disputed injury in Qantas Airways Ltd v Coleman [2020] NSWWCCPD 42 concerned a worker who did not discover the extent of his injury in the first instance. Background The worker was employed by Qantas as a long-haul…
NSW State Workers Compensation Insurer icare underpaid injured workers $80 million
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…
I’m not Stalking Online, I’m Investigating
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…
Employer’s Obligation to Advise Risk of Injury
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…
274 workers compensation claims in NSW for contracting COVID-19
Earlier this year, the Workers Compensation Act 1987 (the Act) was amended to include a new section which creates a presumption that a worker in ‘prescribed employment’ who contracts COVID-19 did so in the course of that employment. This means…
Staff Stories: Natasha Burt
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…
What needs to be proven to suspend a doctor’s registration
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…
Failure to report all the findings of diagnostic tests
A frequent medical negligence issue we see relates to poor communication in radiology and pathology reporting where a failure to report all the findings of diagnostic tests results results in severe outcomes for the patient. Radiology scans which include: X-Ray,…
How to Co-Parent so your Children Love Life
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…
Worker claims back-paid benefits after 260 weeks
Can a worker claim back-paid weekly benefits after their benefits cease at the 260 week limit under s 39(1) of the Workers Compensation Act 1987 (“the Act”) if their whole person impairment (“WPI”) is later found to be 20% or…
Is Your Draft Will Valid?
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…
Limitation Period for Personal Injury Claims in NSW
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…
Worker killed while working from home
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…
Staff Stories: John Kennedy
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…
Severe conditions imposed on cardiothoracic surgeon Michael Byrom
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.…
Notional Estate and Family Provision Orders
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…
Protection for at risk and essential workers in NSW
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 disappointment?
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…
COVID-19 and aged care facilities
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…
Signing, Witnessing and Attesting Documents during the COVID-19 health crisis
…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
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…
Feigning Her Injuries? Nicholas by her Tutor Jones v Jimenez [2020] NSWDC 71
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…
Social Distancing, Witnesses and your Will
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,…
Court Ordered Will – Who Pays?
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…
Derailment’s effect on emergency services personnel
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.…
Case studies: Mental Harm
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…
Conduct of Medico-Legal Experts
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.…
Staff Stories: Hayley Collins
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…
‘Minor injury’ under Motor Accident Injuries Act 2017
Under the MAIA, if an injury as the result of a motor vehicle accident is determined to be a ‘minor injury’ there are serious limitations on the recovery of compensation for statutory benefits and common law damages. What is a…
Disentitling Conduct
An ‘eligible person’ (as defined in the Succession Act 2006 (NSW)) (‘the Act’) has the right to bring a claim for a family provision order where he or she has been left out of a will or where inadequate provision…
Pelvic Mesh Class Action Win
The health lawyers at the Law Office of Conrad Curry were pleased to see the female victims of pelvic mesh win their landmark pelvic mesh class action against Johnson & Johnson. The case involved more than 1,200 women who had…
PIAWE Legislative Reforms
Why did the PIAWE legislative reforms take place? In the past, anyone injured at work could only claim compensation for their base rate earnings. Overtime and shift penalty rates could not be claimed. This proved to be problematic for some…
Case Study ARB v IVF Hammersmith and R [2018] EWCA Civ 2803 – Wrongful Birth
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…
Case study – injured workers claim for a new vehicle successful
Dries v GGA Glass & Aluminium Pty Ltd [2019] NSWWCC 329 In this matter an injured worker filed an Application to Resolve a Dispute in the Workers Compensation Commission to claim reasonable and necessary medical expenses in accordance with section…
Psychiatric and psychological injuries associated with traumatic childbirth experiences
The Civil Liability Act (NSW) 2002 made it very clear in s27 that a personal injury includes an impairment to a person’s physical or mental condition. Further s29 stated that a plaintiff is not prevented from recovering damages, just because,…
Informed consent and childbirth – do women really understand the risks?
The American Judge, Cardozo J famously said in the case in Schloendorff v Society of New York Hospital[1]: Every human being of adult year and sound mind has a right to determine what shall be done with his own body;…
Instrumental delivery in childbirth
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…
Damages for loss of consortium?
‘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…
Birth trauma – what women need to know
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,…
Case Study: UK Wrongful Birth claim
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 attracted…
When Enough is Enough: The Vexatious Litigant
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…
Consent and unnecessary procedures
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…
Workers compensation – domestic assistance
If you require assistance at home following a work injury you may be able to make a claim for domestic assistance from the workers compensation insurer. The WorkCover Independent Review Office (“WIRO”) recently assisted a Worker to get her workers…
Doctors’ duty of care when prescribing to drug dependent patients
An expert report received in a recently successfully litigated case explained the scope of the duty of care doctors have to drug dependent patients who are addicted to prescription medicines. It is vital that treating practitioners are aware of a…
Staff Stories: Shannyn Davidson
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…
Real Time Prescription Monitoring
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 proposed ban on breast implants demonstrates the failure of TGA
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…
MVA and Workers Compensation Dispute Resolution may be by same Commission
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…
Case Study: White v Redding [2019] NSWCA 152 – Calculating Economic Loss
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…
Abortion Reforms: The Reproductive Health Care Reform Bill 2019
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…
What do AVO, APVO and ADVO mean?
Here we outline the difference between the different types of apprehended violence orders, namely AVO, APVO and ADVO. Apprehended Violence Orders (AVOs) AVOs are court orders designed to protect individuals from violence, threats and harassment. In NSW the Crimes (Domestic…
Staff Stories: Henriette Boonen
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…
Case note: Steintmetz v Shannon [2019] NSWCA 114 – whether an annuity is adequate provision
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')…
Bullying Behaviour: Worker Awarded $1.3m Damages
Worker awarded $1,394,421.91 damages following a successful common law damages claim of intentional tort (intentional act) as a result of suffering a psychiatric condition including PTSD and depression that developed as a result of bullying and harassment by a manager. Ward v…
Loaning your car? Who takes the rap for fines?
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…
Right of burial: who has the right to decide?
While right of burial seems like a pretty morbid subject, it is a hugely important issue for the loved ones of a deceased person and to the dignity of the deceased. I think that the following from a very old…
Caught up in a brawl? Self-defence under the Civil Liability Act.
In the recent decision of Brighten v Traino [2019] NSWCA 168 the NSW Court of Appeal has confirmed that the Civil Liability Act does apply in some respects to claims for compensation as the result of an assault, particularly where…
The deeply troubling case of Dr Emil Gayed
HCCC prosecution against Dr Emil Gayed Dr Emil Gayed was a registered medical practitioner and he held a specialty in obstetrics and gynaecology. From 1990 onward he practised in NSW regional towns and at some hospitals on Sydney’s northern beaches.…
Case Study – CTP insurer denies cover under a driver’s CTP insurance
With compulsory third-party insurance in New South Wales we expect that as owner drivers we are covered by our CTP insurance if we (or a driver of our vehicles with or without our consent) cause an accident in which injuries…
Staff stories: Jane Bulter
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…
Sperm donors and legal parents: to be determined
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…
Have your say – workers comp claims management
On 15 May 2019 the State Insurance Regulatory Authority (“SIRA”) announced it will be reviewing the work undertaken by Insurance and Care NSW (“icare”) via its agents Allianz, EML and GIO. Amongst other things the review will assess the performance…
Tough new low range drink driving laws – suspension & fines
Tougher new low range drink driving laws will be in force from the 20th May 2019, as part of the drink driving reforms within the Road Safety Plan 2021. Police will have the power to issue an immediate, three-month licence…
Industrial Chemicals Act 2019 – animal testing for cosmetic purposes
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 against…
Caesarean section or natural birth – who decides?
The recent article published in the Medical Journal of Australia (MJA) dated 26 April 2019, highlighted some concerning comments made by Private Healthcare Australia (PHA), the private health insurance industry’s representative body, about caesarean sections which were performed without medical…
Case Note: Squire v Squire family provision claim
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…
Physician assisted dying: updated
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…
Care in a mental health facility
HCCC v Drinkwater; HCCC v Lilly; HCCC v Davies; HCCC v Chan [2019] NSWCATOD 39 Facts The above case concerned the death of a patient, who took her own life, at the Psychiatric Intensive Care Unit (PICU) at Mater Mental…
Wrongful birth claims – Fragile X
The term “Wrongful Birth” in the context of a claim for damages refers to a type of medical negligence claim brought against a doctor, hospital or other health provider for negligent advice and treatment which deprives parents of the choice…
Case Study: Hodgson v Sydney Water Corporation [2016] NSWDC 361 (15 December 2016)
This case note highlights how damages are calculated by a Judge in a public liability claim. In 2015 Mrs Hodgson commenced proceedings in the District Court in negligence claiming damages for personal injuries (in a fractured wrist, severe bruising and…
Case study: Holroyd City Council v Zaiter [2014]
Just after his 9th birthday in March 2008, Joey Zaiter suffered a brain injury when he lost control of a bicycle he was riding down an unfamiliar grass slope and fell into a 2m deep concrete drainage channel at Holroyd Sports…
Staff stories: Amanda Robinson
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…
National Child Sexual Institutional Abuse Redress Scheme fraught with lengthy delays
A recent article in The Australian reported that while 2335 people have applied for compensation under the National Child Sexual Institutional Abuse Redress Scheme, only 28 people have received compensation since the scheme’s commencement on 1 July 2018. A major flaw…
Professional boundaries and the doctor-patient relationship
The recent NSW Civil and Administrative Tribunal (“NCAT”) decision finding Dr Aamer Sultan guilty of unsatisfactory professional conduct on 7 April 2017 is a timely reminder of a medical practitioners’ duty to maintain professional boundaries with patients. Dr Sultan was…
Staff stories: Conrad Curry
I left school when I was 16. Being from a single parent family I was expected to work as soon as I could, so I did a trade at BHP as a fitter and turner. At the end of that…
Can a parent be an eligible recipient of a child’s superannuation death benefit?
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…
Work-related knee replacement – is the insurer liable in the future?
Exempt workers under NSW workers compensation legislation
Who are exempt workers? Exempt workers refers to types of workers who were not affected by the 2012 and 2015 amendments to the Workers Compensation Acts and includes: Police officers Paramedics Fire fighters Workers injured while working in or around…
Overturned…Work Capacity Decisions again reviewed by Workers Compensation Commission
The Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998 are set to be amended in relation to Work Capacity Decisions. The current situation Presently an insurer can make a decision known as a work…
Making a Will? GET IT SORTED!!
A recent survey by a prominent Australian Law firm revealed that whilst almost all Australians acknowledge the importance of making a Will (97%), only a little more than half actually have one (52%). Most younger respondents felt that a Will…
A hospital’s claim to override parents decision for medical treatment
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…
Access to my hospital or doctor’s medical records
Accessing Personal Medical Records In New South Wales the general position is that a health practitioner or organisation is said to own the medical records they create. However, in most cases a person is still able to access their personal…
Access to clinical notes
Our paralegal Lauren Faulkner recently wrote about the entitlement we each have as consumers of health care services to access clinical notes from our doctor or hospital. Lauren also raised the real issues for family/next of kin in obtaining their…
Superannuation – crucial issues around the Binding Death Benefit Nomination
So what is a Binding Death Benefit nomination (BDBN) and why should we care? Essentially, a BDBN, or binding death benefit nomination, is a written direction to your superannuation fund that instructs the fund as to whom to pay your…
Staff stories: Emily Duggan
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…
Legislative changes in NSW tighten the hold on responsibility for institutional abuse
Previously, institutions responsible for the care of children may have escaped liability for the effects of abuse on the vulnerable child they were meant to care for. It has long been recognised that organisations are responsible for the actions of…
Screening for rare genetic disorders
It seems to me a wonderful imperative in a modern socially responsible economy such as Australia to give all would-be parents the opportunity of screening for the numerous rare genetic disorders when planning their families. My fear however is that…
Recorded conversations – can they be used in evidence?
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…
Genetic testing – how can it go wrong?
Australia claims to be a world leader in genetic testing and in the diagnosis of genetic abnormalities in the pre-implantation phase of IVF and the early pre-natal stage. With such touted expertise, we are entitled to expect accuracy in diagnosis,…
Medical negligence and reproductive negligence
Reproductive negligence More and more people are turning to health care professionals to help plan their families, whether that is to conceive via reproductive technologies such as in vitro fertilisation, to allow prospective parents a greater level of control over…
Failure to diagnose or treat
At The Law Office of Conrad Curry, we have acted for a large number of clients who have suffered injury as a result of medical negligence including failure to diagnose and failure to properly treat a number of health conditions.…
Help – I’ve been injured in a motor vehicle accident
A motor vehicle accident (“MVA”) is stressful enough, but, if you don’t know what to do, it can make things even more daunting. The following will help you understand what to do if an accident happens and outlines your financial…
Addictive pain medication and GPs
An area of concern which has grown immensely over the last two decades is the overuse and abuse of prescription pain medication. Studies in the United States of America and Canada reveal that there has been a 68% increase in…
Testamentary capacity and the solicitors role
TESTAMENTARY CAPACITY RYAN v DALTON [2017] NSWSC 1007 Kunc J – 31 July 2017 The Proceedings This was a contested probate suit between the deceased’s 3 children and his long time defacto spouse. The children succeeded in knocking out the…
Staff stories: Jasmine Foster
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…
Validity of a will – why an informal will doesn’t work
Some people think that the process of having a lawyer draft their will is an expensive and unnecessary exercise and instead write an informal will, not knowing the potential implications for their beneficiaries. At the Law Office of Conrad Curry…
Industrial Deafness: Patricia’s story
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…
When you can’t keep up with the expected workload due to your work injury
If you have returned to work with your employer after a work injury, you will likely be under a return to work plan created in consultation with you, your GP, your employer and the Insurer. If during your return to…
Workers compensation: PIAWE top-up on less hours or pay
How much of a worker's pre-injury average weekly earnings 'PIAWE' are they entitled to, particularly if they work less hours or receive less pay? To begin with, your employer must continue to provide suitable work if possible. Your employer may…
What happens to weekly payments if I get a new job and it doesn’t work out?
If you get another job, have completely recovered from your work injury and are no-longer in receipt of weekly payments of compensation, but you quit, are terminated or made redundant, you cannot now claim weekly payments of compensation from the…
Medical negligence and ectopic pregnancy
Ectopic pregnancy is a serious condition for women and represents a significant cause of maternal death. The incidence of ectopic pregnancies is approximately 1 in 150 of natural pregnancies. Ectopic pregnancy occurs where there is the development of a foetus…
The prevalence of medical negligence – John Hunter and HNELHD
In recent years Australia’s health care system was ranked eighth best in the world across the categories of health infrastructure, basic mental and physical health, and preventative care. However, the prevalence of medical negligence claims across our nation is still…
Medical negligence and heart attack
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…
Medical negligence – the damaging consequences of withholding evidence
Withholding evidence by failing to disclose an unfavourable report may not only be unethical, but it can significantly alter the costs outcomes for parties in medical negligence proceedings. Most people are aware that certain communications between lawyers and their clients,…
Social media – be careful
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…
Testamentary capacity – the mistaken belief of capacity for a valid Will
The term testamentary capacity is often used but rarely understood. Most would think that a Will would not be valid if the will maker was suffering a disorder of the mind or was suffering an insane delusion about certain matters…
Hearing loss: does your family complain the TV is too LOUD?
Just like your eyesight, you may not notice your hearing gradually deteriorating. Often the first signs are struggling to hear conversation when background noise is present or your family constantly telling you the TV is too loud. If you experience…
Statutory Redress Scheme for victims of institutional abuse
A new federal compensation scheme commenced on 1 July 2018, for victims of institutional abuse. Under this National Redress Scheme (‘the Scheme’) victims can apply for redress payments if they were subject to sexual abuse as a child at a…
Fertility and pre-natal genetic testing
Our principal, Conrad Curry represented a couple in a landmark case in the Supreme Court of New South Wales late last year, in which the couple resolved the first stage of their case against a major Australian Genetic Testing Laboratory.…
Court update: family provision claims
There have been a number of very interesting cases in recent times determined in the field of Family Provision Claims in the Court of Appeal. Family Provision claims are claims brought by certain eligible people who are unhappy that they…
Pre-eclampsia and medical negligence
Pre-eclampsia is an illness categorised by high blood pressure and protein in the urine, and can cause headaches, pitting oedema, visual disturbances, upper abdominal pain, organ failure and in severe cases even be fatal to the mother and unborn baby. According…
246 lives lost a year through motor vehicle accidents
As of August 2016, there have been 246 lives lost on New South Wales roads and about 30 people per day are hospitalised as the result of serious injuries from motor vehicle accidents. This not at all surprising given that…
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