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.

Read More [fa icon="long-arrow-right"]

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).

Read More [fa icon="long-arrow-right"]

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.

Read More [fa icon="long-arrow-right"]

Holman Webb named Finalist in the 2017 Lawyers Weekly Australian Law Awards

[fa icon="calendar'] Jul 24, 2017 3:04:36 PM / by Holman Webb posted in Insurance

Holman Webb is delighted to announce we have been named as a finalist in the  Lawyers Weekly Australian Law Awards 2017 – Insurance Team of the Year category.

Read More [fa icon="long-arrow-right"]

Holman Webb Announces 10 Promotions Across Eastern Sea-Board Offices

[fa icon="calendar'] Jul 3, 2017 4:17:49 PM / by John Wakefield posted in Business Corporate & Commercial, Commercial Recovery & Insolvency, Insurance, Dispute Resolution and Litigation, Property

Holman Webb is delighted to announce 10 internal promotions across our Eastern Sea-Board offices, effective 1 July 2017.   These promotions span our commercial recovery and insolvency, corporate and commercial,  dispute resolution, insurance, property, and workplace relations practices.

Read More [fa icon="long-arrow-right"]

Something Worth Noting - What If An "Adverse Costs" Insurance Policy Cannot Secure Defence Costs?

[fa icon="calendar'] Jun 23, 2017 2:46:55 PM / by Mark Sheller posted in Insurance

Introduction

The Federal Court of Australia recently heard argument about whether an insurance policy offering protection against an adverse costs liability could be proffered as sufficient security for costs.

Read More [fa icon="long-arrow-right"]

Innovation in Law, the Process of Disruption.

[fa icon="calendar'] May 30, 2017 4:44:54 PM / by Holman Webb posted in Business Corporate & Commercial, Commercial Recovery & Insolvency, Franchising & Retail, Banking & Finance, Food Law, Health, Aged Care & Life Sciences, Insurance, Intellectual Property Protection, Foreign Investment & Migration, Govenment, Media & Communications, Workplace Relations, Dispute Resolution and Litigation, Third Sector: Not-for-Profit and Social Enterprise, Property, Technology Law

Greg Malakou, Holman Webb CEO, speaks to Business First magazine about how innovation not only gives Holman Webb a competitive advantage in the market but is also fundamental to the firm’s growth strategy.

Read More [fa icon="long-arrow-right"]

The Very Long ‘Tale’ of Traffic Trained Buck & the MACA

[fa icon="calendar'] May 3, 2017 11:41:27 AM / by Pat O'Shea posted in Insurance

The New South Wales Court of Appeal in Fairall v Hobbs[1] recently overturned a decision of a trial judge in favour of a plaintiff who was thrown from his ‘traffic trained’ horse named Buck, and against the CTP insurer of a motorist who passed the plaintiff riding Buck on the opposite side of the road, which allegedly caused Buck to ‘buck’ causing the plaintiff to dislodge from Buck and fall onto the concrete kerb and gutter, suffering personal injuries. MACA, is the Motor Accidents Compensation Act 1999 (NSW), which the trial judge found was applicable to the plaintiff’s injuries.

Read More [fa icon="long-arrow-right"]

Holman Webb Lawyers Listed in Best Lawyers International

[fa icon="calendar'] Apr 7, 2017 2:22:06 PM / by Holman Webb posted in Business Corporate & Commercial, Insurance, Workplace Relations, Dispute Resolution and Litigation

We are delighted to announce that 7 of our firm’s senior team members have been selected in the Tenth edition of Best Lawyers - Australia.

Read More [fa icon="long-arrow-right"]

A Better Approach to Betterment - Walker Group Constructions v Tzaneros Investments [2017] NSWCA 27

[fa icon="calendar'] Mar 22, 2017 9:21:38 AM / by John Van de Poll posted in Insurance

The NSW Court of Appeal has handed down its decision in Walker Group Constructions v Tzaneros Investments [2017] NSWCA 27. The plaintiff claimed damages from Walker Group Constructions alleging defective concrete paving. Once the pavement was laid, cracks began to develop, and as a result, some concrete slabs had to be repaired.  Sometime later the plaintiff carried out further rectification whereby old slabs were replaced with reinforced concrete slabs. That cost was claimed from the defendant. The defendants argued that the rectification works undertaken by the plaintiff would result in betterment.

Read More [fa icon="long-arrow-right"]