By Nigel Preston, Alison Choy Flannigan and Andrew
In this edition of the Health Law Bulletin, we provide an update
on legal issues affecting the health, biotech, life sciences,
retirement living and aged care sectors, including:
an update on the National Health and Hospitals Network
Agreement and the National Health and Hospitals Network Bill
an update on the ACCC prosecution of Baxter Healthcare Pty
a medico-legal update on emergency department medical
an update on embryonic stem cell research and biological
therapies in the US and Australia
a case note on H Limited v J on end of life decisions
an update on trade practices developments in consumer law
an update on the new Code of Good Manufacturing Practice for
recent developments concerning copyright in medical records,
Primary Health Care Limited v Commissioner of Taxation
Welcome to the November 2010 edition of our Health Law Bulletin,
a publication from the Australian Health team at DLA Phillips
DLA Phillips Fox has one of the largest health, biosciences and
aged care legal practices in Australia and has been advising
clients across these growing sectors for many years. As you will
see from the articles from this edition of the Health Law Bulletin,
our team advises across all facets of the health sector. Many of
our lawyers have held high level positions within the Australian
health sector bringing a unique understanding of its complexity and
Contributors to the Health Law Bulletin include members of our
Health team, as well as lawyers from other practice groups at DLA
We hope you enjoy reading this edition of our Health Law
Bulletin and are able to gain a unique insight into current issues
A recent Federal Court decision determined that although health
records are owned by the medical practitioner or the practice that
created the record, in some cases there is no copyright in health
records at all.
A recent Supreme Court of South Australia decision determined
that a person may legally refuse sustenance and medication which is
likely to end their life if their consent is 'rational,
voluntary and informed', and that the care provider would be
released from any duty to act otherwise.
The new Australian Consumer Law will bring about the most
comprehensive changes to the Trade Practices Act since its
inception in 1974 and raises potentially significant issues for
suppliers and manufacturers.
A recent Supreme Court of New South Wales decision allowed an
appeal to a community treatment order on the basis that it was not
the least restrictive alternative consistent with safe and
DLA Phillips Fox is one of the largest legal firms in
Australasia and a member of DLA Piper Group, an alliance of
independent legal practices. It is a separate and distinct legal
entity. For more information visit
This publication is intended as a first point of reference and
should not be relied on as a substitute for professional advice.
Specialist legal advice should always be sought in relation to any
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What happens if a patient, particularly a mental health patient,.
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