Australia: Professional Negligence

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

Supreme Court Clarifies Section 36 CLA Defence For Local Authorities

The Supreme Court has delivered clarification and detailed reasoning regarding the practical application of section 36 of the Civil Liability Act 2003 (Qld) with respect to a claim for negligence against a Council performing works, which included placing a barricade across a footpath.

Australia Litigation

BN

Barry Nilsson

No Voluntary Assumption Of Risk In Fence Jump Resulting In Catastrophic Spinal Injuries

A plaintiff was awarded $15.2 million in damages against a local council after sustaining catastrophic spinal injuries as a result of jumping over a fence at cricket training.

Australia Litigation

BN

Barry Nilsson

A Bump In The Road: Strata Owners Held Liable Over Speed Hump

In this recent decision, the Court of Appeal addressed the concept of 'obvious risk' under the Civil Liability Act 2002 (NSW) and its implications for liability and insured parties.

Australia Litigation

BN

Barry Nilsson

Short stem, strong defence: Court Of Appeal update

The Court of Appeal confirmed that in complex medical negligence cases, courts prioritise overall clinical evidence - such as contemporaneous records, patient functionality & consistent expert opinion - over isolated imaging.

Australia Litigation

BN

Barry Nilsson

Novel duty of care: principles and analysis

Australia Litigation

BN

Barry Nilsson

Lessons From Aidacare’s Undertaking: Unfair Contract Terms And Consumer Rights

Australia Consumer

CG

Cooper Grace Ward

General practitioner disqualified from applying for registration for a period of 20 years: Medical Board of Australia v Austin

Australia Litigation

CO

Carroll & O'Dea

Case Review (PIPA): Ryan v Gold Coast Hospital and Health Service

Australia Litigation

RL

Roche Legal

Twist of fate: a painful lesson in liability - Mammoliti v Oriental Massage Burwood Pty Ltd

Australia Litigation

BN

Barry Nilsson

Case Review (Med Neg): Ringelstein v Metro North Hospital and Health Service

Australia Litigation

RL

Roche Legal

Failure to warn: Wallace v Kam prevails again

Australia Litigation

BN

Barry Nilsson

Guilty of professional misconduct but no risk to the public

Australia Litigation

BN

Barry Nilsson

High Court appeal (submissions): AA v the Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle ABN 79469343054 – case S94/2025

Australia Litigation

CO

Carroll & O'Dea

Hospital found negligent for discharging patient with ectopic pregnancy

Australia Litigation

BN

Barry Nilsson

AI-Savvy Employees Are Reshaping Payroll Risk For Small Businesses

Australia Employment

L

LegalVision

New Hate Speech Laws: What Your Business Needs To Know

Australia Commercial

L

LegalVision

Cross Examining Cyber EP23: Cross Examining Professor Ciaran Martin – Part 2 (Podcast)

Australia Technology

KL

Herbert Smith Freehills Kramer LLP

Australia Bans Entry For Iranian Visitor Visa Holders For Six Months

Australia Immigration

IL

Interstaff Immigration Agency

Changes To Visa Income Thresholds From 1 July 2026

Australia Immigration

IL

Interstaff Immigration Agency

Not every professional error leads to liability

Professional advisers are held to a standard of reasonable care, not perfection.

Australia Litigation

BN

Barry Nilsson

One Common Law, One Standard: Significant Damages Award In Historic Queensland Abuse Case

The decision reinforces that there is but one common law of Australia.

Australia Litigation

BN

Barry Nilsson

Extending the limitation period in medical negligence cases - a subjective approach

The decision is instructive of a court's approach to interpreting discoverability in extension of limitation period applications.

Australia Litigation

BN

Barry Nilsson

Five FAQs For Your Medical Negligence Claim In New South Wales

This article addresses five frequently asked questions regarding medical negligence compensation claims in NSW.

Australia Litigation

CO

Carroll & O'Dea

Establishing acceptable professional practice – learnings for birth injury claims from the Nemes case

Australia Litigation

K

Kennedys

Costs In VCAT Proceedings

Australia Litigation

K

Kennedys

BN's Will Stidston & Julie Kinnear Discuss The High Court's Decision In R Lawyers V Mr Daily

Australia Litigation

BN

Barry Nilsson

Finality Preserved: Advocate's Immunity In Focus

Australia Litigation

GC

Gilchrist Connell

I was only injured because of the company's negligence." Which case won?

Australia Employment

S

Stacks Law Firm

"My Financial Adviser should have spotted the scam, so they're liable for my losses". Which case won?

Australia Litigation

S

Stacks Law Firm

Are Orders The New Middle Ground In Tax Practitioners Board Sanctions, The Tribunal Thinks So

Australia Litigation

PA

Piper Alderman

The Devil Is In The Detail In Establishing The Peer Professional Opinion Defence

Australia Litigation

BN

Barry Nilsson

Supreme Court Of NSW Allows Limitations Defence And Refuses Extension Of Time Application

Australia Litigation

BN

Barry Nilsson

Tick Tock, Time Is Up – Or Is It? NSW Supreme Court Refuses Extension Of The Limitation Period For Medical Negligence Claim

Australia Litigation

GC

Gilchrist Connell

Are Orders The New Middle Ground In Tax Practitioners Board Sanctions, The Tribunal Thinks So

The Decision shows that suspension or termination is not the only way to protect the public.

Australia Litigation

PA

Piper Alderman

The Devil Is In The Detail In Establishing The Peer Professional Opinion Defence

This decision highlights the protective scope of the defence of peer professional opinion as set out at section 41 of the CLA.

Australia Litigation

BN

Barry Nilsson

Supreme Court Of NSW Allows Limitations Defence And Refuses Extension Of Time Application

The Court concluded that an extension of time was not 'just and reasonable', given the prejudice caused to the defendant by the lengthy delay.

Australia Litigation

BN

Barry Nilsson

Tick Tock, Time Is Up – Or Is It? NSW Supreme Court Refuses Extension Of The Limitation Period For Medical Negligence Claim

For insurers and health providers the decision underscores the strength of limitation defences.

Australia Litigation

GC

Gilchrist Connell

"I suffered catastrophic complications because a negligent neurosurgeon gave me bad advice." Which case won?

Australia Litigation

S

Stacks Law Firm

Responding To Pharmacy Complaints: Why Properly Considered Legal Advice And Experience Matters

Taking a proactive approach can avoid a long and expensive prosecution in a tribunal where the registration of the pharmacist might be suspended or even cancelled.

Australia Litigation

BP

Bennett & Philp Lawyers

When termination isn't the end: A case note on AZW v State of Queensland

Qld SC ruled that institutions aren't generally liable for ex-staff's post-termination abuse but may have a duty to warn if aware of risks & trust continues.

Australia Litigation

GC

Gilchrist Connell

Extending the limitation period in medical negligence cases - a subjective approach

Recent case highlights the court's approach to extending limitation periods in medical negligence cases.

Australia Litigation

BN

Barry Nilsson

NSW Government Bulletin: Ethical issues for state government lawyers

The ethical responsibilities applicable to public and private sector lawyers are fundamentally the same.

Australia Litigation

HR

Holding Redlich

Widely accepted practice in medicine allows for more than one solution to a health issue

Australia Litigation

BN

Barry Nilsson

What is medical negligence | Birth injury claims

Australia Litigation

MO

Mellor Olsson Lawyers

Professional conduct; maintaining boundaries between health professionals and patients

Australia Litigation

HP

Hall Payne Lawyers

Case Summary: MC v Casa Generaliza Della Societa Dei D'Africa Detti Padri Bianchi (White Fathers) [2024] NSWSC 1658

Australia Litigation

CO

Carroll & O'Dea

When the system fails: legal and policy implications of the Monash IVF embryo mix-up

Australia Litigation

CO

Carroll & O'Dea

Court finds school's duty of care extends beyond school gate

Australia Litigation

S

Stacks Law Firm

Vicarious liability revisited

Australia Litigation

M

McCabes

Case summary: Doughty v Hillier [2024] NSWSC 1220 – Dismissal of a claim to extend the limitation period for a medical negligence claim

Australia Litigation

CO

Carroll & O'Dea

Can I pursue a medical negligence claim for a misdiagnosis?

Australia Litigation

HP

Hall Payne Lawyers

Medical negligence claims in Queensland

Australia Litigation

HP

Hall Payne Lawyers

$687,207 medical negligence settlement after knee replacement

Australia Litigation

P

Polaris Lawyers

Queensland Government Bulletin: QIRC allows fair treatment appeal against employee's suspension with pay

Australia Employment

HR

Holding Redlich

Professional misconduct: Health Care Complaints Commission v Tan [2024] NSWCATOD 31

Australia Healthcare

GC

Gilchrist Connell

Can you make a public liability claim for gym injuries?

Australia Litigation

S

Stacks Law Firm

Understanding what is Duty of Care definition

Australia Litigation

JS

JB Solicitors

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Full Disclosure, Vol. 8: What is Medical Negligence?

MO

Mellor Olsson Lawyers

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