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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…

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…

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…

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…

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…

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…

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…

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’ is an unfortunate catch phrase attached to legal claims by parents for damages where children are born with genetic conditions such as Fragile X syndrome, in circumstances where the parents had specifically obtained testing to exclude genetic…

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…

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…

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…

When a Doctor takes advantage of a vulnerable patient:  professional misconduct Sarah immigrated to Australia after meeting and quickly marrying her husband overseas. The newlywed couple moved frequently due to her husband’s work. Sarah found it difficult to make friends and…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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,…

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…

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. Our experience includes the management and resolution of a broad range of medical negligence…

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…

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 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…

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…

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…

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…

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 case study: Methotrexate Julie and her husband were only recently married when she fell pregnant. Unfortunately in the case of her first pregnancy, delayed diagnosis of ectopic pregnancy meant that she lost one of her fallopian tubes. She…

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…

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 cases across our nation is still…

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,…

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…

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…

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…

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…

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…

So many issues - privacy of patient medical notes, competency of practitioners in the industry of cosmetic surgery in relation to the procedure itself but also in issues of anaesthetic awareness, infection and secondary complications. Are there the resources when…