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    • Medical Negligence
    • Women’s Health
          • Women’s Health

            We know that there is disparity in women’s health care, treatment, and support. We are committed to improving the lives of women and strongly advocating for their wellbeing.  That is why we take a stand and hold medical professionals accountable when medical care falls short of expected standards by delivering the best outcome in medical negligence claims affecting women.

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    • Hospital Negligence
          • Hospital Negligence

            We understand you may feel let down because you have experienced inadequate or negligent care and treatment in a hospital or medical facility. Your wellbeing is most important to us and we are committed to supporting you with compassion and holding medical professionals accountable for breach of duty and negligent care.

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            Experiencing poor or adverse outcomes from allied health treatment can be distressing and life changing. We are here to support you through your claim and it is our aim to hold allied health professionals accountable for their breach of care by delivering the outcome you deserve to your negligence claims.

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            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Personal Injury
          • Personal Injury

            If you have been injured because of someone else’s negligence, our specialist team of Personal Injury Lawyers is here to support you with compassion and understanding providing you with the right advice. Our team has substantial experience and expertise in these matters to deliver the outcomes you deserve from your claim.

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            We are here to support you and give you the clarity, guidance and the right legal advice if you have been injured in a motor vehicle accident. Our compassionate team of professionals in Personal Injury law have the technical expertise and a wealth of experience to win you the compensation you deserve.

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    • Public Liability
          • Public Liability

            Our specialist team in Personal Injury law is here to support you in accessing proper compensation if you have been injured because of someone else’s negligence. We have cutting edge expertise and experience in public liability claims to deliver the outcome you deserve.

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    • Abuse
          • Institutional Abuse

            We strongly believe that educational institutions must be held accountable when failing to protect children while in their care. If you have experienced institutional physical or sexual abuse, our specialist team in Personal Injury law is here to support you with compassion and offer our technical expertise and experience to deliver the best outcome in your case.

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    • Workers Compensation
          • Workers Compensation

            When you sustain an injury or illness because of work, you may be entitled to  compensation. Our specialist team in Personal Injury Law is here to support you with compassion and understanding with the right advice. We have substantial technical expertise to deliver the best possible outcome from your claim.

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    • School Negligence
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            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Wills & Estate Planning
          • Wills and Estates

            When we provide advice on estate planning, we believe  in giving advice on options to mitigate the risks of litigation by potentially unhappy family members and protecting your assets from claims. Our legal team is here to support you and address your concerns regarding your estate planning. We have immense experience in these matters, providing you with advice and representation for your unique situation and delivering the best outcomes for your case.

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    • Powers of Attorney
    • Contest A Will
          • Contest A Will

            We have immense experience and specialised knowledge in family provision and wills disputes Where you have not been properly and adequately provided for under a will or where you suspect that the person making the will may not have had capacity or exercised their own free will, you need a lawyer with extensive experience and expertise. Our team of Lawyers will  provide you with advice and representation for your unique situation and deliver the best outcomes for your case.

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    • Probate & Deceased Estates
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            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Other Services Overview
          • Conrad Curry Can assist you with a variety of services

            Our solicitors are highly experienced in providing you with expert legal advice and will keep you informed every step of the way. It’s good to know that our firm is trusted and effective with a high success rate.

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    • Professional Negligence
          • Professional Negligence

            We rely on professionals in all aspects of our lives to provide us with proper advice on which to make decisions about our financial and legal affairs. When you are let down by poor advice the results can be devastating.  We are here to support you in your claim for compensation with clarity, guidance and the right advice to achieve the outcome you deserve.

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    • Malicious Prosecution
          • Malicious Prosecution

            We believe in standing up for those people who are falsely accused and prosecuted. Our experienced legal team is here to support you with compassion and provide you with clarity, guidance, and the right advice in your claim for compensation.

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    • General Litigation
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            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • What to Expect
          • What to expect

            We are your law firm for life. You can count on us for the best legal advice and compassionate support. We understand the challenges you are facing and we want you to know that you don’t have to navigate the often daunting process alone. We are here when you need us. Let us help you find your way forward with our empathetic and efficient approach. Contact us. You can call us on (02) 4050 0330 for a free initial no-obligation consultation or book an appointment online for an in-person consultation or an online video appointment.

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Medical negligence claims involving children: Royce (a pseudonym) v Australian Capital Territory [2023] ACTS 69

There are additional complexities that apply to medical negligence cases involving children. If your child has been injured as a result of medical negligence, please reach out to our expert team to discuss your options.

Medical negligence claims involving children: Royce (a pseudonym v Australian Capital Territory [2023] ACTS 69) (‘Royce’)

In March this year, the ACT Supreme Court was asked to approve a 7-million-dollar settlement for a 17-year-old who suffered as the result of medical negligence. The facts of the case related to the diagnosis and treatment of the plaintiff’s pneumococcal meningitis and septicaemia when the plaintiff was just 3 months old.

There are additional complexities that apply to medical negligence cases involving minors. These are largely designed to protect the minor’s interests when it comes to decisions about settling the case and management of settlement monies.

Need for tutor/litigation guardian 

The NSW Civil Procedure Act and Uniform Civil Procedure Rules govern how a claim for a person under legal incapacity must be managed.

A child is a “person under legal incapacity” and is therefore not able to commence proceedings in their own right. They must have a Tutor.

Typically, a parent will take on the role of Tutor in a personal injury claim. Those who cannot be a Tutor include a person who is under legal incapacity, any person involved in the administration of a Court or a person who has an interest in the proceedings adverse to the interests of the claimant.

A person considering an appointment as a Tutor needs to be provided with independent legal advice. They are responsible for making decisions in proceedings but also have very important functions and obligations. A Tutor may be personally liable for cost orders.

Difficulties in Assessing Damages

The Royce proceedings were commenced some 15 years before they were finally resolved in 2023. There are often several reasons for the protracted proceedings involving minors, but the main reason is the difficulty in quantifying damages.

The full extent of the child’s injuries and the impact that they are going to have on the course of a child’s life may be largely unknown and not assessable until late adolescence or adulthood. It is also very difficult to predict the impact in the early years of a child’s life of injuries and disabilities on their education and employment opportunities. It is possible to resolve a matter for a young child, but in some cases, it may be necessary to wait until the child is older to fully understand, assess and quantify their loss.

Protective Jurisdiction

In cases where a settlement is agreed upon between the Tutor and the wrongdoer, the settlement must be approved at what is known as a “settlement approval hearing”. In deciding whether to approve a settlement for a child, the Court exercises what is known as the “parens patriae” jurisdiction. The Court has the special and protective oversight to ensure the interests of the child are protected and their best interests are served.

The Court must consider, first and foremost, whether the settlement sum is in the interests of the child. However, the Court must also consider the risk of a worse outcome if the matter were to proceed to a trial.

In Royce, the Judge found that the settlement was in the best interests of the child, commenting that:

“…The plaintiff and his parents have been dealing with the consequences of the events in 2006 for 17 years.  They will continue to do so for the rest of the plaintiff’s life and the quantum of the settlement reflects that reality.  This litigation was initially commenced in 2008 and absent the compromise, the hearing would have taken multiple weeks.  The plaintiff and his parents have had this litigation in their lives since that time. The proposed settlement provides certainty and finality and in doing so, relieves one of the burdens faced by the plaintiff and his family.  I am satisfied that the settlement of the case for the amount proposed is overwhelmingly in the plaintiff’s interest…” 

What happens to the money? 

The Court is also concerned to ensure that compensation awarded to a minor is protected and used to their benefit. This can include special oversight by a state trustee to ensure the proper financial management and investment of funds in the interests of the child.

For large amounts of compensation, consideration can be given to an application to the Court for the appointment of a private trustee such as a financial planner to manage the funds. In some circumstances, the additional expense of private funds management can be claimed as part of a settlement or awarded by a court at a hearing.

The management of settlement monies is usually considered at the settlement approval hearing.

If your child has been injured as a result of medical negligence, you need a personal injury expert. Please reach out to our expert team to discuss your options.

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