Matters to Consider when Advertising Therapeutic Goods – Consistency with the Accepted Indication/Accepted Intended Purpose

[fa icon="calendar'] Sep 21, 2017 10:56:09 AM / by Alison Choy Flannigan & Bill Lo posted in Health, Aged Care & Life Sciences

Sponsors of therapeutic goods must ensure that they advertise their products in accordance with the indications accepted in relation to inclusion on the Australian Register of Therapeutic Goods (ARTG).

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Full Federal Court orders $6 million penalty for Nurofen Specific Pain products

[fa icon="calendar'] Sep 14, 2017 4:24:07 PM / by Alison Choy Flannigan and Nicholas Heinecke posted in Health, Aged Care & Life Sciences

Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; Reckitt Benckiser (Australia) Pty Limited v Australian Competition and Consumer Commission [2017] HCASL 86

In the September 2016 edition of our Health Law Bulletin we reported on Australian Competition and Consumer Commission’s (ACCC) proceedings against Reckitt Benckiser (Australia) Pty Ltd (RB) and the judgment arising from the first substantive hearing. Since that judgment, there has been an appeal to the Full Federal Court and finally in April 2017, the dismissal of an application for special leave to appeal to the High Court of Australia by RB.

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Patient consent issues where the procedure is performed by another surgeon - Tinnock v Murrumbidgee Local Health District (No 6) [2017] NSWSC 1003

[fa icon="calendar'] Sep 14, 2017 4:05:05 PM / by John Van de Poll and Vahini Chetty posted in Health, Aged Care & Life Sciences, Insurance

Facts

Ms Tinnock initially underwent surgery for repair of an incisional hernia on 7 June 2010, under the care of Dr Justin Gundara, surgical registrar. The surgery was supervised by Dr Michael Payne, specialist general surgeon.

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Defamation - Absolute Privilege and the Good Faith Protection for Complaints to the NSW Medical Council and Health Care Complaints Commission Hunter v Hanson [2017] NSWCA 164

[fa icon="calendar'] Sep 14, 2017 3:49:34 PM / by Zara Officer posted in Health, Aged Care & Life Sciences, Insurance

A recent Court of Appeal decision in a defamation claim has considered the defence of absolute privilege under section 27(2)(d) and Schedule 1, clause 15 of the Defamation Act 2005 (NSW), and the good faith protections for complainants under the Health Care Complaints Act 1993 (NSW) and the former Medical Practice Act 1992 (NSW).

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The Importance of Understanding Your Medical Malpractice & Civil Liability Policy - Updated

[fa icon="calendar'] Sep 14, 2017 3:35:49 PM / by Zara Officer posted in Health, Aged Care & Life Sciences, Insurance

AAI Limited (t/as Vero Insurance) v GEO Group Australia Pty Limited [2017] NSWCA 110

A recent Court of Appeal decision confirms the need for healthcare providers to understand their medical malpractice and civil liability policy terms and conditions. The primary decision was the subject of our article in the May 2017 edition of the Health Law Bulletin.

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What Retirement Village Operators Need to Know About Australian Consumer Law & NSW Reforms

[fa icon="calendar'] Sep 14, 2017 3:23:59 PM / by Alison Choy Flannigan & Bill Lo posted in Business Corporate & Commercial, Health, Aged Care & Life Sciences, Property

Background

The Australian Competition and Consumer Commission (ACCC) has recently announced that it will launch an investigation of the “more serious matters being raised” in the Aveo retirement village scandal.

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Legal and Ethical Issues with Genomic Testing

[fa icon="calendar'] Sep 14, 2017 3:03:15 PM / by Alison Choy Flannigan & Zara Officer posted in Health, Aged Care & Life Sciences

Introduction - Genome Testing – Genome.One

An Australia-first genomic testing service that combines whole genome sequencing and a comprehensive health assessment can offer individuals an unprecedented glimpse into their future health.2

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Survival of the Fittest in Trade Marks Dispute

[fa icon="calendar'] Sep 8, 2017 8:51:35 AM / by Daniel Jepson posted in Business Corporate & Commercial, Franchising & Retail

We all know someone who is addicted to Crossfit. Not surprisingly, with its rise in popularity those behind Crossfit have taken steps to protect the brand. This includes the registration of ‘CROSSFIT’ as a trade mark all over the world. In Australia, the word ‘CROSSFIT’ has three separate registrations in a number of different classes.

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Pros and Cons of Sub-leasing Your Site From the Franchisor

[fa icon="calendar'] Sep 6, 2017 9:49:06 AM / by Corinne Attard posted in Franchising & Retail

If you are looking to buy a franchised business which operates from any premises other than your home, you will need a lease.  For retail businesses location is critical and it is likely your franchisor will control the negotiation process and require that either the lease be in its name with a sublease or licence granted to you, or allow the lease to be in your name but with some conditions attached.  

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Holman Webb Health Law Bulletin - August 2017

[fa icon="calendar'] Sep 4, 2017 2:34:45 PM / by Alison Choy Flannigan posted in Health, Aged Care & Life Sciences

Welcome to the August 2017 edition of the Holman Webb Health Law Bulletin. 

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