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Article 26/05/2023
The implications of the new guidelines on medical practitioners who perform cosmetic surgery and procedures
From 1 July 2023, medical practitioners who perform cosmetic surgery and procedures will be subject to updated guidelines developed by the Medical Board of Australia. In this article, our Kennedys healthcare experts discuss the significance of the new guidelines and what cosmetic surgeons need to know.
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Article 26/05/2023
Independent Inquiry into Child Sexual Abuse - the Government’s response
On 22 May 2023 the Government published its response to the Final Report of the Independent Inquiry into Child Sexual Abuse (IICSA) in which it states it accepts the need to act on 19 of the 20 recommendations.
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Case review 19/05/2023
Court of Appeal identifies the correct test under Article 3 of the Human Rights Act 1998 in failure to remove case
The Court of Appeal (CoA) has upheld the decision of the High Court to grant summary judgment to the defendant local authorities in a case alleging breach of Article 3 of the Human Rights Act (HRA) 1998 for failure to remove the claimant from his mother’s care. In doing so, the CoA has provided useful guidance which will assist in dealing with these claims.
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Article 16/05/2023
Civil Justice Council publishes its final report on costs
Last year, the Civil Justice Council Costs Working Group was charged with taking a "strategic and holistic look at costs, particularly given the ongoing transformation of civil justice into a digital justice system". On 10 May 2023, the Working Group published its final report and recommendations, offering an insight into the likely direction of travel for costs in civil claims. In this article, we provide an overview of the responses to the consultation and the recommendations put forward.
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Article 12/05/2023
Terrorism (Protection of premises) Bill: briefing note
The Terrorism (Protection of Premises) Bill, also known as the ‘Protect Duty’ or ‘Martyn’s Law’, aims to keep people safe from terrorist attacks by introducing proportionate security requirements for certain public venues.
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Article 10/05/2023
Personal injury discount rate: a global snapshot
The recently closed Ministry of Justice (MoJ) call for evidence considers different models for setting the personal injury discount rate (PIDR) in other jurisdictions including Hong Kong, the Canadian province of Ontario and Jersey which set different rates based on the duration of the award, in addition to the heads of loss approach adopted in the Republic of Ireland. In this article, we consider each of these jurisdictions in more detail.
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News 09/05/2023
Trio of new partner hires mark start of further expansion, as Kennedys opens new office in Newcastle
We are delighted to announce the appointment of three new Specialist Liability partners, marking the opening of a new office in Newcastle.
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Case review 08/05/2023
What happens when parents’ anti-vaccination sentiment conflicts with life-saving treatment needed by a child?
In this article, we consider the recent decision of the High Court of New Zealand in Te Whatu Ora Health New Zealand, Te Toka Tumai v C and S, which underscores the tension between a child’s need for life-saving medical treatment and parents’ refusal of consent.
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Article 02/05/2023
An exploration of the Independent Review of Medicare Integrity and Compliance
In November 2022, the Independent Review of Medicare Integrity and Compliance was commissioned following concerning media allegations of potential fraud in the Medicare system. Partner, Anjali Woodford, and Paralegal, Pavi Paramasivam, explore the findings of the Review and encourage practitioners to be proactive in implementing Medicare billing reforms in an article published in the Australian Medical Association (Victoria)’s blog, Stethoscope.
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Case review 27/04/2023
Supreme Court retreats from seemingly extended principles of vicarious liability
Following the Court of Appeal’s decision in March 2021 which stood as a further example of a faith-based establishment being caught by the extended principle of vicarious liability, the Supreme Court has clarified the position by allowing the defendant’s appeal.