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.

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

B

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

B

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

New rural generalist medicine specialty announced

Australia Healthcare

GC

Gilchrist Connell

Suppression of a clinician's identity: a comparison between the United Kingdom and Australia

Australia Litigation

B

Barry Nilsson

Local council not liable for injuries to child who fell from cliff

Australia Litigation

B

Barry Nilsson

Just A Social Media Post? Doctors, Think Twice – Your Registration May Be At Stake

Australia Litigation

B

Barry Nilsson

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

Australia Litigation

BP

Bennett & Philp Lawyers

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

Australia Litigation

GC

Gilchrist Connell

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

Australia Litigation

B

Barry Nilsson

NSW Government Bulletin: Ethical issues for state government lawyers

Australia Litigation

HR

Holding Redlich

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

Australia Litigation

B

Barry Nilsson

Employment Relations Podcast #45 – Employment Law For The Time Poor… Live!

Australia Employment

PA

Piper Alderman

Crime Rates in Sydney: Suburbs with the Highest and Lowest Rates

Australia Criminal

OC

O'Brien Criminal & Civil Solicitors

Cyber Security: Two Months In Retrospect (Australia) - August And September 2025

Australia Technology

KL

Herbert Smith Freehills Kramer LLP

Fair Work Commission Backs Employee in Remote Work Dispute with Westpac

Australia Employment

M

McCabes

Employing Work And Holiday Makers Beyond Six Months | Staying Compliant

Australia Immigration

IL

Interstaff Immigration Agency

What is medical negligence | Birth injury claims

What can birth injuries look like? What can I get compensation for? What times limits apply?

Australia Litigation

MO

Mellor Olsson Lawyers

Professional conduct; maintaining boundaries between health professionals and patients

Professional boundaries expected of Australia's health professionals and the consequences of a breach of those boundaries.

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

In recent case the question at law was whether the risk of harm was foreseeable & whether the Defendant knew or ought to have known of it.

Australia Litigation

CO

Carroll & O'Dea

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

The enormous responsibility borne by fertility clinics and the potentially devastating consequences when protocols fail.

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

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

It is now clear that paid suspensions can be subject to appeal as a 'fair treatment decision'.

Australia Employment

HR

Holding Redlich

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

NCAT made a finding of unsatisfactory professional misconduct and unsatisfactory recordkeeping against a doctor in NSW.

Australia Healthcare

GC

Gilchrist Connell

Can you make a public liability claim for gym injuries?

Not all gym injuries warrant compensation - but professional negligence can result in a successful claim.

Australia Litigation

S

Stacks Law Firm

Understanding what is Duty of Care definition

Duty of care relates to the legal responsibility of one person to prevent harm from befalling another person.

Australia Litigation

JS

JB Solicitors

Kneale v Footscray Football Club Ltd – Cautions For Both Sides Of Institutional Abuse Claims

Australia Litigation

KG

K&L Gates LLP

When things don't go swimmingly: NSW Court of Appeal finds brokers negligence did not cause policyholder's loss

Carefully consider causation & loss evidence when assessing prospects & exposure for professional negligence claims.

Australia Litigation

GC

Gilchrist Connell

Defending careers – 5 lessons from HCCC v Teo.

Discusses 5 lessons for those subject to professional conduct proceedings.

Australia Litigation

P

PCL Lawyers

Directors – Are You Liable Under Section 37 Of The DBPA?

Directors of contractors should be relieved to hear that in the recent case of Oxford v KR Properties, the Supreme Court rejected a claim against a contractor's director for breach of duty under section 37...

Australia Real Estate

VY

Vincent Young

State Of Play: Asic Updates Its Breach Reporting Guidance As Uncertainty Continues

Yesterday, ASIC released its updated Regulatory Guide 78 Breach reporting by AFS licensees and credit licensees (RG 78).

Australia Finance

HS

Herbert Smith Freehills Kramer LLP

Medical negligence claims, when objects are left in patients after surgery

Australia Healthcare

P

Polaris Lawyers

Medical negligence or medical malpractice in NSW

Australia Healthcare

JS

JB Solicitors

All at sea - Medical negligence by a doctor during a cruise

Australia Litigation

P

Polaris Lawyers

A guide to understanding negligence and duty of care in personal injury claims: Queensland

Australia Litigation

RL

Roche Legal

Negligent advice from accountants / financial planners and recovering money lost through financial fraud

Australia Criminal

PS

Pentana Stanton Lawyers

Professional negligence in finance and recovering profits lost through conduct of financial planners and authorised representatives

Australia Finance

PS

Pentana Stanton Lawyers

Wrongful birth and the assessment of damages

Australia Litigation

CO

Carroll & O'Dea

Accountants and professional negligence

Australia Litigation

PS

Pentana Stanton Lawyers

A guide to legal costs for medical negligence and public liability claims.

Australia Litigation

P

Polaris Lawyers

Claim Against Broker For Pool Damage Fails On Causation

Australia Insurance

HS

Herbert Smith Freehills Kramer LLP

Does the current health crisis provide a defence against medical negligence?

Australia Litigation

P

Polaris Lawyers

Case Note: Dhupar v Lee [2022] NSWCA 15 – Section 71 does not preclude an award for damages for phychiatric injury arising from childbirth

Australia Litigation

HW

Holman Webb Lawyers

The big picture and a doctors duty of care

Australia Healthcare

K

Kennedys

Former client of solicitors was denied leave to appeal a decision that vindicated lawyer in negligence suit

Australia Litigation

K

Kennedys

Deliberate, fraudulent, negligent diagnosis of mental illness and an absence of consent on admission to a mental health ward: Stewart v Hames

Australia Litigation

CO

Carroll & O'Dea

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Latest Videos

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

MO

Mellor Olsson Lawyers

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