New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Professions and trades


  1. 21/11/2014
    Professions and trades: medical practitioners; professional misconduct; appellant medical practitioner involved in a near miss car accident; did not stop immediately and check the location to see if any people required medical assistance from the practitioner; whether guilty of improper conduct in a professional respect within the meaning of Medical Act 1894 (WA) s 13(1)(a); whether formulation of specific prescriptive duty applicable to medical practitioners to render assistance in emergency situation; no specific professional duty which was generally accepted by practitioners of good repute and competency in the medical profession; failure to make such a finding; no evidence; error of law; Bowen-James v Delegate of the Director-General of the Department of Health (1992) 27 NSWLR 457 referred to; Buttsworth v Walton [1991] NSWCA 40 referred to; Kalil v Bray [1977] 1 NSWLR 256 referred to; Pillai v Messiter (No 2) (1989) 16 NSWLR 197 referred to; Qidwai v Brown [1984] 1 NSWLR 100 referred to; Tame v Commonwealth Collieries Pty Ltd [1947] NSWStRp referred to; Woods v Lowns (1995) 36 NSWLR 344 referred to; appeal allowed
    Dekker v Medical Board of Australia  [2014] WASCA 216
  2. 22/10/2014
    Professions and trades: gaming industry employee; disciplinary proceedings; breaches of licence condition; appellant breached condition that special employee must not participate in gaming whilst on duty other than as required in the course of his or her employment; Gaming Control Act 1993 (Tas) s 56(3); cancellation of appellant’s special employee’s licence unreasonably harsh response to the gravity of the breach; appeal allowed
    Courto v Tasmanian Gaming Commission  [2014] TASFC 12
  3. 17/10/2014
    Professions and trades: lawyers; qualifications and admission; respondent failed to disclose relevant information in her application for solicitor admission; failure to declare income to the Australian Tax Office and Centrelink between 2004 and 2008; legal practitioner’s continuing obligation to apply to the Court to correct any falsehood or misinformation they have allowed to be placed before it, whether on behalf of clients or themselves; Myers v Elman [1940] AC 282 applied; Commissioner’s discretion to decide whether it will appear and be heard on a matter within the Court’s jurisdiction pursuant to Legal Profession Act 2007 (Qld) s 590; Court’s inherent power to review ex parte proceedings according to Legal Profession Act 2007 (Qld) s 35; respondent has taken all proper and necessary steps to remedy the legal consequences of her oversight; respondent’s response prompt and proper; no cause for setting original admission aside; Prothonotary of the Supreme Court of NSW v van Es [2014] NSWCA 169 applied; respondent ordered to pay applicant’s costs
    Legal Services Commissioner v Scott  [2014] QCA 266
  4. 26/08/2014
    Professions and trades: lawyers; solicitors; duties to client when instructed to prepare will; appeal allowed
    Howe v Fischer  [2014] NSWCA 286
  5. 14/05/2014
    Professions and trades: lawyers; duties and liabilities; duty of solicitor to client after conclusion of retainer
    Maxwell-Smith v S & E Hall Pty Ltd  [2014] NSWCA 146
  6. 24/03/2014
    Professions and trades: architects; alleged breach of contractual or tortious duty as to quality of services; no breach shown
    Neale v Ancher Mortlock & Woolley Pty Ltd  [2014] NSWCA 72
  7. 23/12/2013
    Professions and trades: negligence; whether conduct of Hospital psychiatrist conformed with a widely accepted 'practice' for the purposes of s 5O Civil Liability Act
    McKenna v Hunter & New England Local Health District; Simon v Hunter & New England Local Health District  [2013] NSWCA 476
  8. 19/04/2012
    Professions and trades: Medical practitioners; failure by practitioner to maintain approved professional indemnity insurance; finding by Medical Tribunal of professional misconduct; suspension from practice; finding of professional misconduct not challenged on appeal but practitioner seeks reduced suspension or fine; practitioner draws comparison with another case said to be similar and submits that that case indicates need to mitigate order of Medical Tribunal; observations on very limited value of comparison with other cases when formulating protective orders; relevance of lack of dishonesty; relevance of passage of time since events in question
    Lee v Health Care Complaints Commission  [2012] NSWCA 80
  9. 03/02/2010
    Professions and trades: Unsatisfactory professional conduct; duty to give estimate of cost
    Polglaze v The Veterinary Practitioners Board of NSW  [2010] NSWCA 4