Recommendations by a psychiatrist: Child said to be at risk of harm.

By wjmadden Although the decision relates only to approval of a settlement and the claim was not a medical claim, the matter of Hopkins ( by her tutor the New South Wales Trustee and Guardian) v State of New South Wales [2017] NSWSC 1733 is of interest for its background facts, which concerned in part a recommendation by a psychiatrist about a child who was thought to be at risk of harm in a foster care setting.
The claimant, who was a ward of the State, was sent to a psychiatrist as a result of ‘risk of harm’ reports. At [8] – [9] …read more

Source:: Bill Madden

Reproductive negligence: A proposal

By wjmadden Writing in the Columbia Law Review, Associate Professor Dov Fox proposes a novel framework of reproductive wrongs. It distinguishes misconduct that (1) imposes unwanted pregnancy or parent­hood, (2) deprives wanted pregnancy or parenthood, and (3) confounds efforts to have or avoid a child born with particular traits. It also introduces a right to recover when reproductive professionals perpe­trate these wrongs.
The essay by Fox has been followed by a series of thoughtful replies, such as by Professor Gregory Keating and more recently by Professor Carol Sanger in her note entitled ‘The Lopsided Harms of Reproductive Negligence’.

…read more

Source:: Bill Madden

Limitation Act (Western Australia)

By wjmadden Waldron v Joondalup Hospital Pty Ltd [2017] NSWSC 1728 is of interest for its consideration of an application for extension of the limitation period in circumstances where the Limitation Act 2005 (WA) applied.
The proposed claim arose from the amputation of her right leg below the knee, pain and suffering and psychiatric injury. It was said that the hospital failed to properly heed the plaintiff’s history as given (in 2011), in particular the recent commencement of a third generation oral contraceptive pill, the long flight from Sydney and that there had been no trauma to the foot.
The court dismissed the extension …read more

Source:: Bill Madden

Royal Commission Into Misconduct In The Banking, Superannuation And Financial Services Industry

By Melbourne Criminal Lawyers Written by Bill Doogue. Partner, Doogue + George Defence Lawyers. It is interesting to reflect now on how this Royal Commission will proceed and on what lessons can be learnt from the recent Royal Commissions. What follows is not a legal opinion but really just my musings on some of the issues that arise. Timing It is inevitable […]
The post Royal Commission Into Misconduct In The Banking, Superannuation And Financial Services Industry appeared first on Melbourne Criminal Lawyers Blog. …read more

Source:: Melbourne Criminal Lawyers Blog

Costs recovery in pro bono cases in Victorian state courts: Part 2

By Stephen Warne I was asked to talk to my colleagues at the Victorian Bar recently in relation to costs recovery in pro bono cases. It is now more certain that costs may be recovered from the other side by victorious litigants who engage their lawyers in a greater variety of pro bono bases. That is as a result of both recent developments in the judge-made law and changes to the Supreme and County Courts’ rules. Over the next few days, I will publish, in digestible chunks, the paper I distributed. What follows is the second part. Part one of this article is …read more

Source:: Lawyer`s lawyer

Compliance review 2017

By David Jacobson Compliance activity in 2017 was driven by 2 factors: firstly, new laws by Parliament which implemented review recommendations and secondly, increased enforcement activity by regulators.
Broadly this activity was directed at improving corporate culture but other changes reflected specific issues such as cybersecurity, prudential soundness, consumer protection, responsible lending and changes in technology.
To a certain extent changes were driven by the Government’s desire (ultimately unsuccessful) to avoid a royal commission into banking but several changes were the result of considered reviews such as the Murray Inquiry into financial services and the Ramsay competition policy review.
The Treasurer has published a list of …read more

Source:: Bright Law

Cyber security risk management and third parties

By David Jacobson In a recent ASIC note on cyber resilience good practices it observed that as outsourcing and cloud-based services become more prevalent, the reliance on third-party service providers and partners has become essential to the provision of products and services for many organisations.
ASIC identified as a good practice for organisations to develop risk-based assessment methods and tools to ensure that third-party suppliers and partners are regularly assessed to guarantee compliance with required security standards. Some organisations are also using external service providers to carry out periodic assessments of partners and vendors.
Under the Privacy Amendment (Notifiable Data Breaches) Act 2017 which applies …read more

Source:: Bright Law

ASIC guidance on life insurance commissions

By David Jacobson ASIC has updated Regulatory Guide 246 Conflicted and other banned remuneration (RG 246), previously titled Conflicted remuneration, to include guidance on the operation of the incoming life insurance remuneration reforms and additional working examples.
The life insurance remuneration reforms, which commence on 1 January 2018, mean remuneration arrangements used in some life insurance distribution channels, including direct sales, will need to change.
Commissions will be subject to commission caps and clawback arrangements as summarised in Appendix 2.
The post ASIC guidance on life insurance commissions appeared first on Bright Law. …read more

Source:: Bright Law