We are delighted to announce that three of our firm’s senior team members have been selected in the Ninth edition of the oldest and most respected guide to the legal profession, Best Lawyers.
Our legal experts will keep you up to date on all relevant and current developments.
We are delighted to announce that three of our firm’s senior team members have been selected in the Ninth edition of the oldest and most respected guide to the legal profession, Best Lawyers.
D’Arcy v Myriad Genetics Inc. [2015] HCA 35 7 October 2015
The recent High Court Case of D’Arcy v Myriad Genetics Inc. & Anor [2015] HCA 35 highlights the debate over balancing:
1. the rights of inventors and creators to commercialise and profit from their inventions; and
2. the interests and needs of the wider society to be able to access biological developments for research and the improvement of public health and welfare.
Those seeking the protection of intellectual property rights argue that the protection of exclusive rights to the intellectual property enables investment which is necessary for the expensive process of taking research to clinical trials, commercialisation and the market.
Those seeking the protection of human rights argue that the granting of monopoly rights restricts further research and also grants access only to those who can afford to pay, to the detriment, for example of poorer nations.
The Commonwealth Department of Social Services published on 29 September 2015 a new Home Care Packages Operational Manual, replacing the Home Care Packages Programme Guidelines 2014.
The Operational Manual is a useful guide for providers to support the delivery and management of the Home Care Packages Programme on a consumer directed care basis.
Click here to read the October Health Law Alert which includes the recent High Court Case of D’Arcy v Myriad Genetics Inc. & Anor [2015] HCA 35.
Holman Webb would like to congratulate Alison Choy Flannigan, Health, Aged Care & Life Sciences Partner, on receiving the 2015 Australasian College of Health Service Management (ACHSM) – NSW Branch President’s Award on Wednesday night.
In May 2015, the Commonwealth Department of Health published a legislation discussion paper – “Electronic Health records and Healthcare Identifiers”.
Welcome to the September edition of the Holman Webb Health Law Bulletin.
This Health Law Bulletin includes articles on lessons learnt from the Quaker’s Hill Coronial Inquest, palliative care and euthanasia and advance care directives.
The law concerning advance care directives in Australia differs from State to State, with some jurisdictions requiring set forms and others relying upon the common law. This article discusses some of the key cases on advance care directives, including a summary of principles.
The making of appropriate contemporaneous notes in medical records is best practice for clinical care, but also to facilitate the defence of a claim should an adverse event occur.
For practitioners, knowing what is classified as an adverse event, which must be notified to their professional indemnity insurer, is often difficult. Failing to notify of an adverse event could mean that the practitioner is not covered by their insurer for any claim arising out of the adverse event.