news, events & resources

Health Business Newsletter: December 2008 (PDF) (Newsletter Article)

Contractor or Employee: consequences of getting it wrong (Newsletter Article)

The changing social and economic environment has seen an increase in the use of independent contractors, as opposed to employees, in the labour market.

Trespass to Person - patient 'assault and battery' (Newsletter Article)

We are seeing a small increase in claims for damages that allege a health practitioner treated a patient without consent. These types of claims are referred to as ‘trespass to person’ (or an intentional tort) and allege the patient suffered an ‘assault and battery’ at the hands of the health practitioner.

Late Termination of Pregnancy for 12 Year Old Girl (Newsletter Article)

In September 2008, the Queensland Supreme Court was asked to consider for the first time the lawfulness of the termination of a minor’s pregnancy by the administration of a drug, Misoprostol.

NSW Parliament passes Bill to overcome recent court decision on gratuitous attendant care (Newsletter Article)

In the previous issue of this newsletter, we reported on a recent decision of the NSW Court of Appeal in Harrison v Melhem which interpreted section 15 of the Civil Liability Act in such a way as to allow awards for gratuitous attendant care if a claimant satisfies either a severity (6 hours per week) or duration (6 consecutive months) threshold.