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Article 12/20/2022
On 6 September 2022, the Mental Health and Wellbeing Act 2022 (Vic) received Royal Assent. In this article we consider whether the Act has the capacity to deliver a fairer, more compassionate mental health system focussed on consumer recovery and support, a system which encourages a human rights-based culture to flourish.
Article 11/24/2022
In this article we explore a recent decision of the Victorian Civil and Administrative Tribunal, which serves as a reminder of the importance of confidentiality in the doctor-patient relationship and the situations in which the disclosure of patient health information is prohibited.
Article 10/26/2022
On 16 September 2022, the Council of Appeal ruled in an occupational injury case in which the Council of Appeal were summoned by Kennedys on behalf of the occupational injury insurance company.
Article 10/21/2022
A roundup of recent court decisions raising issues relating to Part 36 offers; Calderbank offers and judicial discretion, and contempt of court.
Article 10/21/2022
A summary of key developments which include the second report on the Early Notification Scheme; the draft Mental Health Bill 2022; the Data Protection and Digital Information Bill; the Damages Claims Portal; proposals to increase the use of mediation in the civil justice system; the costs review launched by the Civil Justice Council; and the current position regarding proposals to change the Mental Capacity Act 2005 Code of Practice and implementation of the Liberty Protection Safeguards.
Article 10/19/2022
In this article, which was originally published in the Australian Health Law Bulletin, our healthcare experts in Australia and the UK provide an overview of the recent decision of Manchester University NHS Foundation Trust v Verden and consider its implications for clinical ethics committees.
Case review 08/18/2022
In this case, the claimant was sentenced to six months imprisonment for contempt of court in respect of exaggerating injuries suffered as a result of alleged clinical negligence for Cauda Equina Syndrome.
Article 08/03/2022
Issues surrounding qualified one-way costs shifting (QOCS) in multiple defendant cases notably found their way to the Court of Appeal back in 2018 with Cartwright v Venduct Engineering Ltd [2018].
Article 06/15/2022
The Mental Health Units (Use of Force) Act 2018 received Royal Assent in November 2018, with the provisions of the statute coming into effect on 31 March 2022. In this article, we look at the key requirements covered in the Act.
Article 06/15/2022
A roundup of recent court decisions including provisional damages and mitigation of loss for a dementia patient, issuing claims in the correct court, a common sense approach taken in a Scottish injury case, and participant v participant incidents in competitive sport.
