Australia: Professional Negligence

The Supreme Court has confirmed that the threshold for establishing nuisance remains high, and that factual causation will be difficult to establish when there are multiple factors contributing to an incident.

Australian charities operate in a position of significant trust. They safeguard public funds, deliver essential services and support some of the most vulnerable members of the community.

The New South Wales Court of Appeal's decision in The Owners Strata Plan No 66375 v King clarified critical aspects of statutory warranties under the Home Building Act 1989 (NSW), particularly regarding design defects and developer liability. The case examined whether developers could be held liable for defects originating in architectural design rather than construction workmanship, and whether statutory warranties extend beyond the express terms of building contracts.

Determining appropriate protection orders is considered on a case-by-case basis with the Tribunal's paramount consideration being promotion of the health and safety of the public.

Analysis of recent Duty of Care case.

Doctors must provide adequate & appropriate advice to patients before discharge & inform them of the need to return to hospital if their condition deteriorates.

This article considers the background to Abassi & Haastrup, the subsequent appeals and the ultimate findings of the Supreme Court of England.

Reminder: in assessing a breach of duty of care, a court weighs the burden of avoiding harm across similar situations, not just the specific one in dispute.

Medical practitioner referred to the Tribunal by the Medical Board after publishing a number of social media posts degrading conduct of other medical practitioners.