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Article 20 dez 2022
Towards a consumer-centred mental health system? An exploration of the Mental Health and Wellbeing Act 2022 (Vic)
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.
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Article 19 out 2022
The complexities of best interests decisions and the role of parents in clinical ethics committees’ process
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.
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Article 21 jul 2022
Will climate change cause a crisis in the insurance market in Australia?
Caught in the throes of an unrelenting El Nino/La Nina cycle, the Climate Council has warned that the mounting cost of natural disasters could leave 1 in every 25 properties in Australia high risk and uninsurable by 2030. In this article we explore the costs of, possible responses to and exposure lines of insurance have to climate change.
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Article 28 abr 2022
Legacy disease brief: latest decisions and insights – April 2022
A summary of key developments relating to the date of knowledge, CRU scheme, an English Court awarding Scottish “loss of society” damages, the evidential hill in asbestos claims, the damages claims portal, and a newly announced discount rate in Northern Ireland.
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Report 28 abr 2022
2022 product liability and product safety forecast: trends and future risks
In this report, Kennedys experts highlight recent legal and regulatory developments in the product safety and product liability sphere, and provide an overview of the key topics and trends that are likely to impact upon corporates and their insurers in the months ahead.
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Article 16 mar 2022
Dram shop actions: The importance of knowing the jurisdiction’s rules on permitting common-law negligence claims
A significant number of dram shop complaints include allegations of common law negligence in addition to the allegations of the liquor liability under the jurisdiction’s relevant statute.
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Article 1 dez 2021
Healthcare Brief market insights - December 2021
A summary of key developments including the NHS litigation reform inquiry, Liberty Protection Safeguards, the Health and Care Bill, the Assisted Dying Bill, and an updated clinical negligence protocol in Northern Ireland.
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Article 8 set 2021
Changes considered to the Health Insurance Act
The Australian Federal Department of Health (the Department) is considering amendments to the Health Insurance Act 1973 (the Act) to alter the powers of the Director of Professional Services Review (PSR) to enter into agreements with corporate entities that are found to have engaged in inappropriate practice.
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Article 7 set 2021
Four years on: voluntary assisted dying in Victoria
On 29 November 2017, Victoria became the first state in Australia to pass legislation allowing terminally ill Victorians to end their life. Four years on from Victoria’s introduction of the Voluntary Assisted Dying Act 2017 (VAD Act), Australia has demonstrated greater support for VAD, with most Australian jurisdictions making plans to introduce similar legislation or being well underway.
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Article 17 dez 2020
COVID-19, injury claims & floodgates - Insurance Post Claims & Fraud summit 2020
From the Insurance Post Claims and Fraud summit 2020, in this video James Shrimpton, Partner at Kennedys, focuses on the legal basis for Covid-19 infection claims, current medical research, the impact of the pandemic on other injury claims and whether we will see a flood of infection claims.