Australia: Professional Negligence

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.

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.

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.

The New South Wales Court of Appeal recently examined a medical negligence case involving total hip replacement surgery, where the plaintiff alleged inadequate risk warnings...

Personal injury law provides support and compensation for people who have been injured due to someone else’s negligence, wrongdoing, or a workplace or institutional failure.

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.

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.

This article outlines the extraordinary circumstances giving rise to consent orders by the State Administrative Tribunal (Western Australia (WA)) in October 2025.

A later expert report can be a "material fact of decisive character" justifying a limitation extension when it is the first expert report to establish negligence.