This website provides updates on medical law and related issues, mostly in Australia. It is maintained by Bill Madden.
He is a lawyer in private practice in Australia, a Fellow of the Australian Academy of Law and also an Adjunct Fellow at the School of Law and at the School of Medicine, Western Sydney University, an Adjunct Professor at the Australian Centre for Health Law Research, Queensland University of Technology and a Senior Fellow, Melbourne Law Masters, University of Melbourne.
KLH v Northern NSW Local Health District [2026] NSWCA 136 (Link to Caselaw).
Leave was granted by the appeal dismissed in this matter, where the appellant was self represented. Reproduced below is the court headnote.
HEADNOTE
JTR is an involuntary patient at the Lismore Base Hospital diagnosed with treatment resistant schizophrenia. His treating medical team applied…
NS v State of New South Wales (Department of Education) [2026] NSWDC 254 (Link to JADE).
The plaintiff NS claimed for abuse by a teacher while at a primary school. The tortious conduct then allegedly continued after she had left that school at the end of 2000, in the course of other contact that…
Mary Smith (a pseudonym) v Secretary Department of Communities and Justice [2026] NSWDC 249 (Link to Caselaw).
The plaintiff is the mother of a child who was born in 2016. In 2017 the child was placed by the defendant in the care of the maternal grandmother and a maternal uncle. The child has been…
PATRICK v RESPONDENT VAD 1/2026 (Voluntary Assisted Dying) [2026] ACAT 40 (LInk to AUSTLII).
The applicant sought help in ending his life. He made a request to access voluntary assisted dying under the Voluntary Assisted Dying Act 2024. The respondent decided that the applicant did not meet various eligibility requirements under the Act.…
Mayberry v Mayberry [2026] NSWDC 238 (Link to JADE).
The plaintiff alleged sexual abuse on the part of the defendant (his uncle) when the plaintiff was aged 11-15 years. The defendant denied the abuse. The trial judge reviewed the evidence and ultimately found in favour of the plaintiff at [298]:
Having regard to all…
Ahpra has announced that a woman who falsely claimed to be a psychologist in a criminal trial before the ACT Supreme Court has been convicted and fined $2000 following a successful prosecution by the Australian Health Practitioner Regulation Agency. (Link to Ahpra page).
The woman (who worked as a counsellor) prepared a psychological report…
Link to VSC – Practice Note SC CL 3 – Personal injuries litigation: Effective 1 July 2026 (Link to Court webpage)
The purpose of this Practice Note is to provide guidance on the procedures to be followed in the Personal Injuries List, Institutional Liability List and Dust Diseases List within the Common Law Division…
ABM v DDM [2026] NSWSC 779 (Link to Caselaw).
The plaintiff sued the defendant for sexual abuse or other sexual misconduct allegedly committed by the defendant between when the plaintiff was six years old and when the plaintiff was 14 years old. Some years ago, the defendant was tried and found not guilty of charges of sexual or indecent assault…
Rubasin v Murphy [2026] QCA 125 (Link to JADE).
Ultimately Bond JA (Bradley and Doyle JJA agreeing) did not express a view on whether it is possible to plead the duty of care on which the self represented applicant apparently sought to rely, in such a way as would survive a strike out application, in…
In the matter of Trustees of the Christian Brothers [2026] NSWSC 781 (Link to Caselaw).
At a hearing on 2 July 2026, the Plaintiffs sought a Moratorium Order. Specifically, the Plaintiffs sought an order, pursuant to s 411(16) of the Act, that all further proceedings in any action or civil proceeding (whether or not such proceedings have been…
