@BillMadden

Law, Australia.

 Sydney
billmaddens.wordpress.com/
Joined February 2008
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7Media
High Court decision in Stewart v Metro hca-34-2025-03-09.pdf
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NDIS: Repayment from personal injury claim & special circumstances.

ZZXM v CEO National Disability Insurance Agency [2024] ARTA 24 (Link to JADE). NATIONAL DISABILITY INSURANCE SCHEME – past NDIS amounts recoverable from lump sum compensation received by participan…

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Generative AI update (NSW).

The NSW District Court has published Practice Note 2 (Link to court website), which adopts the NSW Supreme Court practice note Gen 23. 3 February 2025 is the District Court commencement date. With …

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Medical: Suicide and voluntary assisted dying. – Bill Madden's WordPress
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Medical: Young person’s consent for cross-sex hormone treatment (UK).

O v P and Q [2024] EWCA Civ 1577 (Link to BAILII) Published shortly before Christmas, this decision of the England and Wales Court of Appeal may, when the matter comes back before the court, be of …

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Abuse: Plaintiff’s claim fails despite absence of defendant at the hearing.

MC v Casa Generalizia Della Societa Dei Missionari D’Africa Detti Padri Bianchi (White Fathers) [2024] NSWSC 1658 (Link to Caselaw). The plaintiff, MC, filed a claim against the Whit…

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Abuse: Allegations of boarding school abuse by students and by two members of religious order.

Clifford v Missionaries of the Sacred Heart [2024] VSC 812 (Link to AUSTLII). The plaintiff claimed abuse in 1975-1977 in the form of ‘sexualised bullying’ and other incidents by five s…

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Abuse: Stepfather relationship.

APC v Mr B (No 2) [2024] NSWSC 1608 (Link to JADE). APC claimed damages from B for alleged sexual abuse, which was said to have occurred over the space of some years while B was in a relationship w…

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Medical: Consent & restraint for blood tests.

Secretary DFFH v Hage (a pseudonym) [2024] VSC 764 (Link to JADE). The respondent was 15 years old and 32 weeks pregnant. The applicant Secretary, who in the position of parent and guardian to the …

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Abuse: Stay on terms, pending appeal.

AA v Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle (No 4) [2024] NSWSC 1632 (Link to Caselaw). The initial judgment in this matter was handed down in September 2024 (f…

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Medical: Vexatious complaints.

Heather Saxena has kindly drawn attention to the National Health Practitioner Ombudsman report, entitled Vexatious notifications framework review, (Link to report). The Ombudsman made 17 recommenda…

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New statutory tort for serious invasions of privacy (Cth).

The material below is drawn from a note by the NSW Crown Solicitor’s Office (Link to CSO). EDIT: The Bill has been assented to: Privacy and Other Legislation Amendment Act 2024 (Cth). Link to…

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Practice & Procedure: Generative AI practice note.

Use of Generative Artificial Intelligence (Gen AI) Amended practice note available here: With thanks to Justine Anderson for drawing attention to NSW Supreme Court Practice Note SC 23, issued today…

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Medical: To err is human, revisited.

In a recent editorial in theBMJ, Haskell comments a recent study by Duclos, which sets out to create an updated baseline for surgical adverse events in the US, broadly modelled on the original 1991…

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Medical: Damages assessment – home or care facility.

Stewart v Metro North Hospital and Health Service [2024] QCA 225 (link to JADE). NOTE: Special leave to appeal granted on limited grounds, on 6 March 2025. (Link to AUSTLII). This appellate co…

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Abuse: Privilege in the context of an application to set aside Deed (NSW).

JM v Trustees of the Marist Brothers [2024] NSWSC 1446 (Link to Caselaw). With thanks to Cameron Lee for drawing my attention to this matter. The plaintiff in 2023 filed an application to set aside…

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High Court: RC v Salvation Army [2024] HCA 43.

(Link to JADE) Court summary below. Today, the High Court unanimously granted special leave to appeal, and a majority of the Court allowed the appeal in full, from a decision of the Court of Appeal…

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High Court: Willmot v State of Queensland [2024] HCA 42.

(Link to JADE) Court summary below. Today, the High Court allowed an appeal in part from a decision of the Court of Appeal of the Supreme Court of Queensland, which dismissed an appeal against a de…

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High Court: Bird v DP [2024] HCA 41.

(Link to JADE) Court summary below. Today, the High Court unanimously allowed an appeal from a decision of the Court of Appeal of the Supreme Court of Victoria, which dismissed an appeal by the nom…

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Abuse: Appeal from jury verdict (Victoria). billmaddens.wordpress.com/20… via @billmadden

Abuse: Appeal from jury verdict (Victoria).

Bishop of Wagga Wagga v TJ (a pseudonym) [2024] VSCA 262 (Link to AUSTLII). With thanks to Kate Flanigan and Greg McAlister for drawing attention to this decision which addressed damages awarded to…

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