Australia: Professional Negligence

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Article
Steps To Take When You Have Been Injured In A Public Or Private Space
When an accident occurs on public or private property in New South Wales, understanding your legal rights and taking immediate action can be crucial to any future compensation claim. This guide outlines the essential steps to protect your interests, from documenting the incident scene to preserving critical evidence that may determine whether you can successfully prove negligence and recover damages.
Australia Litigation
CO
Carroll & O'Dea
Article
Much-needed Judicial Guidance In Forced Adoption Cases From Lamont
In the forced adoption case of Lamont, the Supreme Court confirmed that the plaintiff’s consent to the adoption of her child in 1968 was valid and informed, rejecting claims that she was coerced into doing so. The Court further found that the defendants adhered to the societal and legal standards of the time, and were not in breach of their duty of care in the course of the adoption.
Australia Litigation
BN
Barry Nilsson
Article
Stra­ta Plan 92183 v Sam­do­ra Pty Ltd [2026] NSWSC 406 'Substantive Control' Over Works & S37 Of The DB&P Act
A recent NSW court case examines when developers and builders can be held liable under section 37 of the Design & Building Practitioner's Act 2020 for defective building work. The decision clarifies what constitutes 'substantive control' over construction work and establishes the evidentiary threshold required to prove breach of the statutory duty of care.
Australia Real Estate
S
Swaab
Article
Failure To Warn But Is It Medical Negligence?
In the recent decision by the Supreme Court of New South Wales (the Court), in Stott v Rashid[1], Justice Fagan held that proving that a practitioner failed to warn a patient of a material risk of a procedure is only half the battle in medical negligence cases. The plaintiff must also establish, on the balance of probabilities (i.e. more likely than not), that had they been advised of the risks, they would have declined the procedure (causation issue).
Australia Healthcare
K
Kennedys
Article
Scope Of Non-Delegable Duties Of Care Refined
In a landmark decision, the High Court of Australia determined that a non-delegable duty of care may be breached by the intentional conduct of a delegate, overturning longstanding authority of New South Wales v Lepore (2003) 212 CLR 511, which found that a common law non-delegable duty could not arise in respect of harm caused by an intentional criminal act. The decision significantly refines the scope and operation of non-delegable duties in Australian law.
Australia Litigation
K
Kennedys
Article
Lessons From Aidacare’s Undertaking: Unfair Contract Terms And Consumer Rights
The Australian Competition and Consumer Commission has accepted a court-enforceable undertaking from Aidacare Pty Ltd after the healthcare equipment supplier admitted to making false or misleading representations about consumer rights and using unfair contract terms. This case demonstrates how standard form contracts that limit consumer guarantees can face regulatory scrutiny, with remedies extending to all affected customers over a defined period.
Australia Consumer
CG
Cooper Grace Ward
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