Final Report of the Referendum Council
…issued on 30 June 2017 (Final Report), having been commissioned by the leaders of the Federal Government and Opposition roughly 18 months earlier to lead the process that would give…
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Coronial findings – Margaret (Margot) Pegum
Comments from Carroll & O’Dea Lawyers’ Bill Madden: The Coroner made two recommendations today, addressed to the Australian and New Zealand Metabolic and Obesity Surgery Society: That consideration by given…
Plaintiff discharged from hospital whilst sedated and allowed to drive a motor vehicle: Naidoo v Brisbane Waters Administration Pty Ltd t/as Brisbane Waters Private Hospital
…50-km drive home. At the time when she was discharged, the plaintiff was on a combination of several psychotropic drugs, including OxyContin, Diazepam and Zolpidem.[5] The plaintiff told the court…
Personal Injury Law Update: Workers Compensation and Motor Accidents Compensation Law 2018
…focus on the feasibility of a consolidated Personal Injury Tribunal for compulsory third party and workers compensation dispute resolution, as per recommendation 16 of the Committee’s First Review of the…
Inquiry into Cosmetic Health Service Complaints in New South Wales
…of reference (b), the powers and functions of the Health Care Complaints Commission, submissions to this Committee have suggested that the Commission ought to be more proactive in its approach,…
Carroll & O’Dea Lawyers welcomes release of NSW Medical Council Report on Dr Emil Gayed
…sharing by all three relevant groups. Firstly, what the Board (now the Council) should communicate to employers about a doctor. Secondly, what employers should communicate to the Medical Council? Thirdly,…
The Freedom of Contracts: The Child Sex Abuse Exception
…common law or the operation of such factors in specific circumstances.[9] These statutes may differ from State to State,[10] with some States codifying aspects of the common law whilst others…
Who gets the Superannuation on Death?
…a review as soon as possible after being notified of a decision; as such requests are time-limited. Complaint to the Australian Financial Complaints Authority You can lodge a complaint with…
External Conduct Standards
…example an IT company providing technical support to a charity which has main purpose of delivering education). We recommend you visit the ACNC website https://www.acnc.gov.au/for-charities/manage-your-charity/charity-governance/acnc-external-conduct-standards. Please contact Josephine Heesh if…
‘Social Distancing’, the new norm (for now at least)
…community in addition to staff and students). Section 10 of the Public Health Act creates an offence if an individual fails to comply with the Order with a maximum penalty…
Important Legal Documents may now be signed with video
…of legal practitioners, notaries and Justices of the Peace. New South Wales Statutory Declarations may now also be witnessed by those designated under the Commonwealth Statutory Declarations Act, which includes:…
COVID-19: More than ever, a Reminder for Business and Employers that Privacy Obligations still Matter
The Office of the Australian information Commission (‘OAIC’) has released timely guidance for businesses and employers on how an individual’s personal information, relating to COVID-19, should be dealt with in…
Patient Discharge and COVID-19 Resource Allocation: UK Decision
…and speech disturbance. She has chronic migraine, fatigue and generalised pain. She has long-standing, complex psychological conditions, including post-traumatic stress disorder, disrupted attachment, obsessive compulsive disorder and possible borderline personality…
Rossato’s case: the journey to a clear definition of “casual employment” – are we there yet? [NO!]
…However, it is inconceivable that the Court’s decision will close off the debate completely, whatever it decides. It must be remembered it is a court grounded in the common law…