Australia: Professional Negligence

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

Establishing acceptable professional practice – learnings for birth injury claims from the Nemes case

Recent case reminds that s5O of the Civil Liability Act 2002 (NSW) does not require unanimous expert opinion.

Australia Litigation

K

Kennedys

Costs In VCAT Proceedings

AMA VicDoc Winter article published in May 2025

Australia Litigation

K

Kennedys

BN's Will Stidston & Julie Kinnear Discuss The High Court's Decision In R Lawyers V Mr Daily

Importance of establishing compensable loss in negligence claims against solicitors and provides valuable guidance on causation, counterfactuals, and limitation periods.

Australia Litigation

B

Barry Nilsson

Finality Preserved: Advocate's Immunity In Focus

Advocate's immunity is an immunity from suit, enabling legal practitioners to defend negligence claims arising from work performed in the conduct of litigation.

Australia Litigation

GC

Gilchrist Connell

I was only injured because of the company's negligence." Which case won?

Australia Employment

S

Stacks Law Firm

"My Financial Adviser should have spotted the scam, so they're liable for my losses". Which case won?

Australia Litigation

S

Stacks Law Firm

Are Orders The New Middle Ground In Tax Practitioners Board Sanctions, The Tribunal Thinks So

Australia Litigation

PA

Piper Alderman

The Devil Is In The Detail In Establishing The Peer Professional Opinion Defence

Australia Litigation

B

Barry Nilsson

Supreme Court Of NSW Allows Limitations Defence And Refuses Extension Of Time Application

Australia Litigation

B

Barry Nilsson

Tick Tock, Time Is Up – Or Is It? NSW Supreme Court Refuses Extension Of The Limitation Period For Medical Negligence Claim

Australia Litigation

GC

Gilchrist Connell

"I suffered catastrophic complications because a negligent neurosurgeon gave me bad advice." Which case won?

Australia Litigation

S

Stacks Law Firm

New rural generalist medicine specialty announced

Australia Healthcare

GC

Gilchrist Connell

Suppression of a clinician's identity: a comparison between the United Kingdom and Australia

Australia Litigation

B

Barry Nilsson

Local council not liable for injuries to child who fell from cliff

Australia Litigation

B

Barry Nilsson

Michael Byrnes discusses the Westpac WFH case on 2SM with Tim Webster

Australia Employment

S

Swaab

New English Requirements For Visas

Australia Immigration

IL

Interstaff Immigration Agency

Cross Examining Cyber EP19: Cross Examining Carolyn Pugsley, Christine Wong And Peter Jones (Podcast)

Australia Technology

KL

Herbert Smith Freehills Kramer LLP

Podcast: SMSFs With CGW – What Is Happening With Division 296 Tax? (Tax On Large Superannuation Balances)

CG

Cooper Grace Ward

Insights Into Property And Debt Market

Australia Real Estate

CP

Cathro & Partners

Just A Social Media Post? Doctors, Think Twice – Your Registration May Be At Stake

Medical practitioner referred to the Tribunal by the Medical Board after publishing a number of social media posts degrading conduct of other medical practitioners.

Australia Litigation

B

Barry Nilsson

Responding To Pharmacy Complaints: Why Properly Considered Legal Advice And Experience Matters

Taking a proactive approach can avoid a long and expensive prosecution in a tribunal where the registration of the pharmacist might be suspended or even cancelled.

Australia Litigation

BP

Bennett & Philp Lawyers

When termination isn't the end: A case note on AZW v State of Queensland

Qld SC ruled that institutions aren't generally liable for ex-staff's post-termination abuse but may have a duty to warn if aware of risks & trust continues.

Australia Litigation

GC

Gilchrist Connell

Extending the limitation period in medical negligence cases - a subjective approach

Recent case highlights the court's approach to extending limitation periods in medical negligence cases.

Australia Litigation

B

Barry Nilsson

NSW Government Bulletin: Ethical issues for state government lawyers

Australia Litigation

HR

Holding Redlich

Widely accepted practice in medicine allows for more than one solution to a health issue

Australia Litigation

B

Barry Nilsson

What is medical negligence | Birth injury claims

Australia Litigation

MO

Mellor Olsson Lawyers

Professional conduct; maintaining boundaries between health professionals and patients

Australia Litigation

HP

Hall Payne Lawyers

Case Summary: MC v Casa Generaliza Della Societa Dei D'Africa Detti Padri Bianchi (White Fathers) [2024] NSWSC 1658

Australia Litigation

CO

Carroll & O'Dea

When the system fails: legal and policy implications of the Monash IVF embryo mix-up

Australia Litigation

CO

Carroll & O'Dea

Court finds school's duty of care extends beyond school gate

Australia Litigation

S

Stacks Law Firm

Vicarious liability revisited

Australia Litigation

M

McCabes

Case summary: Doughty v Hillier [2024] NSWSC 1220 – Dismissal of a claim to extend the limitation period for a medical negligence claim

Australia Litigation

CO

Carroll & O'Dea

Can I pursue a medical negligence claim for a misdiagnosis?

Australia Litigation

HP

Hall Payne Lawyers

Court finds school's duty of care extends beyond school gate

The extent of duty of care to vulnerable people should be considered by all employers.

Australia Litigation

S

Stacks Law Firm

Vicarious liability revisited

De Martin & Gasparini Pty Ltd v Bartlett [2025] NSWCA 56.

Australia Litigation

M

McCabes

Case summary: Doughty v Hillier [2024] NSWSC 1220 – Dismissal of a claim to extend the limitation period for a medical negligence claim

Courts are unlikely to grant extensions to limitation periods when plaintiffs do not diligently investigate & act on their suspicions of negligence.

Australia Litigation

CO

Carroll & O'Dea

Can I pursue a medical negligence claim for a misdiagnosis?

Brief overview of medical negligence claims.

Australia Litigation

HP

Hall Payne Lawyers

Medical negligence claims in Queensland

Australia Litigation

HP

Hall Payne Lawyers

Understanding what is Duty of Care definition

Duty of care relates to the legal responsibility of one person to prevent harm from befalling another person.

Australia Litigation

JS

JB Solicitors

Kneale v Footscray Football Club Ltd – Cautions For Both Sides Of Institutional Abuse Claims

The question of vicarious liability in the context of nonemployment relationships has been a key issue confronting courts dealing with institutional sexual abuse claims.

Australia Litigation

KG

K&L Gates LLP

Asic Releases Second Report On Reportable Situations Regime

The Australia Securities and Investments Commission (ASIC) has released its second report on information lodged under the reportable situations regime for the period 1 July 2022 to 30 June 2023.

Australia Litigation

KG

K&L Gates LLP

Funds Update – 3 November 2023

On 31 October 2023, ASIC released its second publication (REP 775) on information lodged under the reportable situations regime.

Australia Litigation

HS

Herbert Smith Freehills Kramer LLP

Global healthcare insights: claims inflation and driving earlier resolution of claims

Australia Litigation

K

Kennedys

Understanding medical negligence claims in South Australia

Australia Litigation

MO

Mellor Olsson Lawyers

When things don't go swimmingly: NSW Court of Appeal finds brokers negligence did not cause policyholder's loss

Australia Litigation

GC

Gilchrist Connell

Defending careers – 5 lessons from HCCC v Teo.

Australia Litigation

P

PCL Lawyers

Directors – Are You Liable Under Section 37 Of The DBPA?

Australia Real Estate

VY

Vincent Young

State Of Play: Asic Updates Its Breach Reporting Guidance As Uncertainty Continues

Australia Finance

HS

Herbert Smith Freehills Kramer LLP

Medical negligence claims, when objects are left in patients after surgery

Australia Healthcare

P

Polaris Lawyers

Medical negligence or medical malpractice in NSW

Australia Healthcare

JS

JB Solicitors

All at sea - Medical negligence by a doctor during a cruise

Australia Litigation

P

Polaris Lawyers

A guide to understanding negligence and duty of care in personal injury claims: Queensland

Australia Litigation

RL

Roche Legal

Negligent advice from accountants / financial planners and recovering money lost through financial fraud

Australia Criminal

PS

Pentana Stanton Lawyers

Professional negligence in finance and recovering profits lost through conduct of financial planners and authorised representatives

Australia Finance

PS

Pentana Stanton Lawyers

Wrongful birth and the assessment of damages

Australia Litigation

CO

Carroll & O'Dea

Accountants and professional negligence

Australia Litigation

PS

Pentana Stanton Lawyers

A guide to legal costs for medical negligence and public liability claims.

Australia Litigation

P

Polaris Lawyers

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Latest Videos

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Full Disclosure, Vol. 8: What is Medical Negligence?

MO

Mellor Olsson Lawyers

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