Australia: Professional Negligence

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Article
Forced Adoption Case Summary: Lamont v The Royal Women’s Hospital (No 3) [2026] VSC 490
A Victorian Supreme Court case examines whether a 16-year-old mother's 1968 consent to adopt her newborn son was obtained through coercion by hospital and social welfare institutions. The court must determine if the adoption process breached duties of care under standards that existed nearly 60 years ago, while the plaintiff argues she was prevented from seeing her baby and pressured into relinquishing parental rights.
Australia Family
CO
Carroll & O'Dea
Article
Finding Of Professional Misconduct Over Administrative Error By “coordinating Doctor” In Voluntary Assisted Dying Process
A Victorian tribunal found a coordinating doctor guilty of professional misconduct after an administrative error in the voluntary assisted dying process led to a patient signing their written declaration without required witnesses present. The case examines the heightened responsibility practitioners face when managing VAD documentation and the disciplinary consequences of failing to ensure strict compliance with procedural safeguards, even when errors are unintentional.
Australia Litigation
CO
Carroll & O'Dea
Article
Understanding Failure To Diagnose In Reid v Hanafi [2026] TASSC 46
The Supreme Court of Tasmania examined whether a general practitioner breached her duty of care by failing to diagnose or refer for investigation symptoms that were later identified as multiple sclerosis. The case explores the challenge of identifying serious neurological disease when symptoms present gradually over time and appear non-specific, while reinforcing that medical standards are assessed based on information available at the time rather than hindsight.
Australia Litigation
CO
Carroll & O'Dea
Article
When A Signed Will Is Not Enough: What A Recent Supreme Court Decision Says About Online Estate Planning.
A NSW Supreme Court decision reveals that even a properly signed and professionally drafted Will can fail if the process doesn't adequately establish that the document reflects the testator's true intentions. The case examines the critical distinction between document preparation and comprehensive estate planning, particularly relevant as online Will services become increasingly common.
Australia Family
HL
HHG Legal Group
Article
Restraining A Solicitor From Acting For A Client: An Extraordinary Power With A High Hurdle
The New South Wales Court of Appeal has overturned a decision restraining a law firm from acting for a client, establishing that general observations of senior solicitors by junior lawyers do not constitute confidential information. The ruling clarifies when courts can invoke the extraordinary jurisdiction to prevent lawyers from representing clients and emphasizes that parties must be formally joined to proceedings that directly affect their rights.
Australia Litigation
GC
Gilchrist Connell
Article
The Expanding Scope Of Developer And Builder Liability: Owners Strata Plan No 66375 v King [2018] NSWCA 170
The New South Wales Court of Appeal's decision in The Owners Strata Plan No 66375 v King clarified critical aspects of statutory warranties under the Home Building Act 1989 (NSW), particularly regarding design defects and developer liability. The case examined whether developers could be held liable for defects originating in architectural design rather than construction workmanship, and whether statutory warranties extend beyond the express terms of building contracts.
Australia Real Estate
S
Swaab
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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