Wrongful birth claim: Antenatal ultrasound & microcephaly

By wjmadden With relatively few reported decisions regarding wrongful birth, McGuinn v Lewisham and Greenwich NHS Trust [2017] EWHC 88 (QB) is of interest for its consideration of reasonable clinical practice as to sufficient evidence that the fetus was at risk of suffering from microcephaly, so as to require the claimant’s referral for further investigation and assessment at a tertiary level centre.
The decision did not address causation or assessment of damages. …read more

Source:: Bill Madden

Child with divorced parents: Housing costs

By wjmadden The appeal in Manna v Central Manchester University Hospitals NHS Foundation Trust [2017] EWCA Civ 12 arose following an award of damages for a child who as a result of failings in the management of his birth suffered bilateral tetraparetic cerebral palsy and severe cognitive, social and communication impairments.
The relationship between the parents broke down following the child’s birth. They then remained living in the same house for about 2 years, sharing the care of the child, before they began to live apart. The award by the trial judge reflected the costs associated with care for the child in his …read more

Source:: Bill Madden

IVF conception with incorrect sperm: Loss of genetic affinity

By wjmadden The blog Singapore Law Watch reports today’s decision of the Singapore Court of Appeal, ACB v Thomson Medical Pte Limited & Ors [2017] SGCA 20 in which the Court at [3] summarised the dispute in this way:
The Appellant and her husband sought to conceive a child through invitro fertilisation (“IVF”). The Appellant underwent IVF treatment and delivered a daughter, whom we shall refer to as “Baby P”. After the birth of Baby P, it was discovered that a terrible mistake had been made: the Appellant’s ovum had been fertilised using sperm from an unknown third party instead of sperm …read more

Source:: Bill Madden

ASIC updates Regulatory Guide 175 on conduct and disclosure obligations for financial advisers

By David Jacobson ASIC has updated Regulatory Guide 175 Licensing: Financial product advisers – conduct and disclosure (RG 175) to reflect regulatory and legislative changes, including revisions to the Future of Financial Advice (FOFA) reforms.
The changes incorporate:
technical amendments to the FOFA reforms;
recent amendments to clarify financial advisers’ record-keeping obligations when giving personal advice;
the application of the tax agent services regime to financial advisers who provide tax (financial) advice services; and
the relief available to facilitate the digital delivery of disclosures.
RG 175 has also been updated to clarify ASIC’s views that while the best interests duty and the appropriate advice requirement introduced as part of …read more

Source:: Bright Law

Who is going to join me? The first LGBTI legal and regulatory conference is on in May

By Stephen Page The first annual LGBTI legal and regulatory conference is being held on 25 and 26 May in Melbourne. I will be speaking there-  about IVF reproductive treatment and stored genetic materials. Who is going to join me?

The topics covered are:

same-sex relationships, spouses and divorce
birth certificates, passports and gender recognition
special medical procedures for transgender teens
intersex- …read more

Source:: LGBT Law Blog

SA LGBTI couples can now pursue surrogacy there

By Stephen Page Changes to South Australian assisted reproductive treatment and
surrogacy laws that partly remove discrimination started yesterday.

The laws will allow for the first time:

couples without medical infertility (which has traditionally been the
failure to fall pregnant after 1 year of heterosexual intercourse- you see the problem) to
have IVF or other ART
single women to have ART and …read more

Source:: LGBT Law Blog

Crowd-sourced funding Bill passed by Parliament

By David Jacobson After a delay due to the 2016 election, the Corporations Amendment (Crowd-sourced Funding) Bill 2016 has been passed by Parliament.
The Bill amends the Corporations Act 2001 (Cth) to:
establish a framework to facilitate crowd-sourced equity funding offers by small unlisted public companies; and
provide new public companies that are eligible to crowd fund with temporary relief from reporting and
corporate governance requirements that would usually apply.
The amendments to the Corporations Act allow unlisted public companies with less than $5 million in assets and turnover to raise $5 million in funds from the ‘crowd’ over a year. The Bill does not apply to proprietary …read more

Source:: Bright Law

ASIC reports on oversight of financial advisers

By David Jacobson ASIC has released REP 515 Financial advice: Review of how large institutions oversee their advisers which sets out its the findings of its review of how Australia’s largest financial advice firms have dealt with past poor advice and non-compliant advisers, including how these firms have dealt with affected customers.
The review focusses on the conduct of the financial advice arms of AMP, ANZ, CBA, NAB and Westpac.
The review looked at:
how the firms identified and dealt with non-compliant conduct by their advisers between 1 January 2009 and 30 June 2015;
the development and implementation by the firms of large-scale review and remediation frameworks …read more

Source:: Bright Law

Case note: is a lender responsible for a borrower’s lost sale opportunity?

By David Jacobson If a lender refinances a property loan for a borrower in financial difficulty, is it responsible if the borrower keeps the mortgaged property (which then falls in value)? In one case a borrower said if the loan had not been approved he would have sold the property and released his equity for a higher amount.
These were the circumstances in ANZ Bank v Driffill [2016] NSWSC 1138. The Supreme Court of NSW rejected the claim for the lost sale surplus.
The borrower sought to set off damages of $550,000 for breaches by the lender of the responsible lending provisions of the National …read more

Source:: Bright Law

Tribunal finds option fee did not form part of the consideration for the acquisition of real property

By chrissievers In The Trustee for the Whitby Trust and Commissioner of Taxation [2017] AATA 343 the Tribunal found that an option fee of $2m paid by the taxpayer should not be included in the acquisition cost of real property when applying the margin scheme in Division 75 of the GST Act. The taxpayer contended that the option fee was provided […] …read more

Source:: Chris Sievers – Barrister