New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Health law


  1. 23/12/2015
    Health law: disciplinary proceedings; appellant’s registration cancelled after findings of unsatisfactory professional conduct and professional misconduct; whether Occupational Division of the Civil and Administrative Tribunal applied subjective test to determine that appellant was recklessly indifferent as to whether the medical practitioner supervising administration of therapy was registered in New South Wales; whether allegations properly put to appellant in cross-examination; whether denial of procedural fairness.
    Fraser v Health Care Complaints Commission  [2015] NSWCA 421
  2. 11/11/2011
    Health law: Occupational Licensing; public transport; taxi-cab driver; accreditation; suitability of applicant; statutory criteria; 'public care objective'; applicant acquitted of murder on grounds of insanity; whether applicant 'suitable in other respects to provide the service'; whether decision-maker bound to consider effect of accreditation decision on public confidence; whether accreditation decision could affect public confidence; Transport Act 1983 (Vic) Part VI, Division 6.
    Director of Public Transport v X F J  [2011] VSCA 302
  3. 27/09/2011
    Health law: Medical practitioners; duty to warn of risks; causation; loss of chance; respondent had an artificial mechanical valve inserted in her heart which required her to take anti-coagulant medication; appellant was a firm of pathologists engaged to analyse the respondent's blood and advise her on the correct dosage; appellant advised the respondent that it would no longer perform those tasks; two days later the respondent suffered a stroke caused by a blood clot which resulted in severe disabilities; whether the appellant breached its duty of care in failing to advise the respondent's general practitioner to refer the respondent to a cardiologist; whether the trial judge erred in not characterising the respondent's claim as a loss of a chance of a better medical outcome; whether the respondent established causation on the evidence; consideration of the use of hindsight
    Sullivan Nicolaides Pty Ltd v Papa  [2011] QCA 257
  4. 07/06/2011
    Health law: Health Insurance Commission found practitioner had engaged in inappropriate practices; practitioner provided 80 or more professional services on 66 particular days in breach of Health Insurance Act (Cth), s 106KA; whether there existed exceptional circumstances to justify conduct; whether there was an absence of other medical services for the general practitioner's patients; whether a casual relationship has been established between the claimed exceptional circumstances and the level at which services were provided on a particular day; Health Insurance (Professional Services Review Regulations 1999 (Cth), reg 11
    Tisdall v Webber  [2011] FCAFC 76
  5. 01/06/2011
    Health law: Mental health; consideration of "prescribed physical or mental impairment" for the purposes of Part V of the Defence Force Retirement and Death Benefits Act 1973 (Cth)
    House v Defence Force Retirement and Death Benefits Authority  [2011] FCAFC 72
  6. 17/05/2011
    Health law: Occupational Safety and Health Act 1984 (WA), s 19(1); cyclone; whether employer so far as was practicable maintained a safe working environment; consideration of 'reasonably practicable'
    Laing O'Rourke (BMC) Pty Ltd v Kirwin  [2011] WASCA 117
  7. 10/12/2010
    Health law: Appeal against decision of the Queensland Civil and Administrative Tribunal that applicant medical practitioner displayed unsatisfactory professional conduct; whether findings of the tribunal were supported by evidence
    Broadbent v Medical Board of Queensland  [2010] QCA 352
  8. 23/04/2010
    Health law: Unsatisfactory professional conduct; where appellant-doctor performed out-patient mid-trimester abortion; whether Tribunal erred in law by applying test on the premise that in-patient treatment was available; whether Tribunal erred in finding unsatisfactory professional conduct because it preferred respondent's expert witnesses; whether particulars of charges made out and substantiated by reasons
    Medical Board of Queensland v Freeman  [2010] QCA 93
  9. 23/05/2008
    Health law: Whether error of law; the role of assisting psychiatrists under s 389 of the Mental Health Act 2000 (Qld); whether appellant denied natural justice
    Reid v DPP (Qld) & Anor  [2008] QCA 123