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.
Smith v Chief Executive, Queensland Corrective Services; Smith v Chief Executive, Queensland Corrective Services [2026] QCA 99 (Link to AUSTLII).
The applicant Ms Smith, a prisoner aged 33 years, wished to have some of her eggs extracted and then frozen so that when she is released from prison, she has an opportunity to become…
Zhu v Lee; Zhu v Mordecai; Zhu v Mordecai [2026] NSWSC 532 (Link to Caselaw).
This relevance of this matter is clearly limited by its facts, however is of interest as an example of orders which may be made where proceedings have been commenced by a person who was found to be not capable…
Irani v ACT [2026] ACTSC 168 (Link to JADE).
Ms Iravani gave birth to her second child in 2022 at the Canberra Hospital. She claimed that the medical services she received as they related to the birth did not meet the requisite standard of care and caused her injury, including psychological injury.
In preparing…
Health Ombudsman v Rathie [2026] QCAT 180 (Link to AUSTLII).
Ren Li drew attention to this unusual conduct matter, though it is interesting to consider whether some of the patients might have pursued breach of privacy claims.
Dr R had published 6 books, culminating in the book which is the subject of this note: The…
HM (a pseudonym) v Sister Monaghan [2026] VSCA 104 (Link to JADE).
This matter involved historical child sexual abuse allegations. There was an application for a permanent stay on grounds of prejudice by reason of loss of evidence due to passage of time (1964 – 1967), noting also that the plaintiff unable to identify…
Ahluwalia v. Ahluwalia, 2026 SCC 16 (Link to CSC decisions).
The Victorian Supreme Court has issued a Practice Note for Court users and Judicial Guidelines for Judicial Officers on the use of Artificial Intelligence (AI).
The Practice Note recognises the potential of AI to enhance access to justice. It allows its use, while detailing the risks Court users should be aware of when using AI…
Crowe v Society of the Missionaries of the Sacred Heart [2026] VSC 275 (Link to AUSTLII).
In an application to set aside a deed regarding an historical sexual abuse claim, the defendant did not oppose setting aside deed insofar as it related to a claim for general damages and/or medical expenses, but opposed setting…
Royal Children’s Hospital v HH [2026] VSC 197 (Link to AUSTLII).
With thanks to Rob Davis for drawing attention to this decision.
The third defendant, JJ was aged 15 years and five months. In November 2022, JJ was diagnosed with B-cell acute lymphoblastic leukaemia, and was treated for this at the Royal Children’s Hospital. Whilst JJ…
AB v Northern Territory of Australia [2026] NTSC 22 (Link to AUSTLII).
With thanks to Scott Thompson for drawing attention to this recent decision of the Northern Territory Supreme Court.
The plaintiff was a juvenile detainee held at the Don Dale Correctional Facility (Don Dale) and the Wildman River Camp (also referred to as…
