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Submission: On June 07 via manual from AU — Scanned from AU
Effective URL: https://www.meridianlawyers.com.au/
Submission: On June 07 via manual from AU — Scanned from AU
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LATEST INSIGHTS Stay informed by reading our news, insights and case studies. Subscribe NSW PERSONAL INJURY COMMISSION UPDATE NSW PERSONAL INJURY COMMISSION UPDATE PRIVACY AWARENESS WEEK 2024 | UNDERSTANDING TRANSPARENCY, ACCOUNTABILITY AND SECURITY THE CASE AGAINST CHATGPT: WARNINGS AGAINST AN AI-GENERATED TESTIMONY A SECTOR PRICED OUT | FINDINGS FROM THE AGED CARE TASKFORCE’S FINAL REPORT LEGAL ESSENTIALS FOR BUYING A DENTAL PRACTICE SELLING YOUR DENTAL PRACTICE: LEGAL TIPS FOR MAXIMISING YOUR OUTCOMES CASE NOTE | INSURER REMEDIES FOR FALSE AND MISLEADING STATEMENTS CASE NOTE | GRAVEL POSES AN ‘OBVIOUS RISK’- MIND YOUR STEP! PHARMACY | DATA BREACHES AND PRIVACY – HOW TO SAFEGUARD YOUR BUSINESS’S FUTURE SUCCESS CASE NOTE | AN INTERLOCUTORY ODYSSEY OF NON-COMPLIANCE – DANKERS V VOLUNTEER MARITIME RESCUE NSW [2023] ACTSC 395 SELLING YOUR MEDICAL PRACTICE: LEGAL TIPS FOR MAKING IT A PAIN-FREE PROCESS DISPENSING WITH INAPPROPRIATE BEHAVIOUR – A GUIDE FOR PHARMACISTS CASE NOTE | BARKING UP THE WRONG TREE – COUNTY COURT OF VICTORIA FINDS DOG ATTACK NOT SUFFICIENTLY CONNECTED WITH INSURED’S BUSINESS CASE NOTE | FIRST IN, NOT NECESSARILY BEST DRESSED? VICTORIAN COURT OF APPEAL ALLOWS MULTIPLE MEDICAL PANEL DETERMINATIONS, SETTING ASIDE THE ROSATA DECISION CASE NOTE | WHEN TO PLAY THE BLAME GAME: ALLEGATIONS OF CONTRIBUTORY NEGLIGENCE IN THE ACT – WILSON V AUSTRALIAN CAPITAL TERRITORY [2023] ACTSC 287 CASE NOTE | THE SUPREME COURT OF QUEENSLAND AGAIN ORDERS A PERMANENT STAY OF PROCEEDINGS IN A CHILD ABUSE CLAIM, MEANWHILE THE HIGH COURT OF AUSTRALIA OVERTURNS ONE CASE NOTE | PERSUASIVE EVIDENCE OF PREJUDICE – A MUST WHEN RESISTING AN EXTENSION OF TIME APPLICATION TO ISSUE PROCEEDINGS CASE NOTE | AN ERROR IN METHOD ALONE IS NOT A ‘SHAW THING’ ON REVIEW CASE NOTE | PROCEDURAL FAIRNESS REQUIRES DECISION MAKERS TO ENSURE THOSE AFFECTED BY THEIR DECISIONS ARE FULLY AWARE OF RELEVANT DISTINCTIONS CASE NOTE | “OBVIOUS RISK” A KEY CONSIDERATION IN PERSONAL INJURY CASES PHARMACY LOCATION RULES – UNDERSTANDING THE PROCESS FOR PBS APPROVAL IN LARGE MEDICAL CENTRES CYBER SECURITY AWARENESS MONTH – ARE YOU CYBER AWARE? CASE NOTE | NSW SUPREME COURT REAFFIRMS EXPERT WITNESSES ARE IMMUNE FROM SUIT CASE NOTE | SURGERY DOES NOT, OF ITS OWN, TRANSFORM A THRESHOLD INJURY INTO A NON-THRESHOLD INJURY UNDER MAIA CASE NOTE | RES IPSA LOQUITOR IS AN INFERENTIAL REASONING PROCESS AVAILABLE TO BOTH INSURERS AND CLAIMANTS BUYING AND SELLING A PHARMACY | WHY IT MAKES GOOD BUSINESS SENSE TO PARTNER WITH A LAWYER CAN A PATIENT UNDER 18 PROVIDE INFORMED CONSENT? ACT COURT OF APPEAL OVERTURNS ONEROUS DUTY FINDING CONFIRMING THAT THERE IS NO GENERAL DUTY ON A GP TO FOLLOW-UP OR ESCALATE REFERRALS “PROPERTY DAMAGE” – SOUNDS SIMPLE, RIGHT? DEAL OR NO DEAL: FROM HANDSHAKES, HEADS OF AGREEMENT TO CONTRACTS – WHAT’S LEGALLY BINDING, AND WHAT’S NOT? SHOW CAUSE NOTICES ISSUED TO CHILDCARE PROVIDERS: DO YOU UNDERSTAND YOUR OBLIGATIONS? 21ST BIRTHDAY PARTIES AREN’T DEAD, LONG LIVE THE PARTY! CONVICTED HEALTH PROFESSIONALS MAY FACE REGISTRATION SUSPENSION PAYROLL TAX CONCERNS FOR MEDICAL AND ALLIED HEALTH PRACTICES PRIVACY AWARENESS WEEK 2023 ARE THE AUSTRALIAN PRIVACY REFORMS ON YOUR RADAR? INDUSTRY UPDATE: INCREASE IN MONETARY JURISDICTIONAL LIMITS OF THE DISTRICT COURT OF NSW PHARMACY SALE AND PURCHASE UPDATE NEW ERA FOR THE COSTING OF COUNTY COURT AND SUPREME COURT CLAIMS A CHANGE OF HEART ON INDEMNITY | A LANDMARK HIGH COURT DECISION FOR INSURERS COLLABORATIVE ARRANGEMENTS BETWEEN MEDICAL PRACTITIONERS AND ELIGIBLE NURSE PRACTITIONERS AND ELIGIBLE MIDWIVES HIGH COURT OF AUSTRALIA GRANTS APPLICATION FOR SPECIAL LEAVE TO APPEAL A DECISION TO PERMANENTLY STAY PROCEEDINGS INVOLVING HISTORICAL CHILD SEXUAL ABUSE INSURER PERMITTED TO INVOKE PROFESSIONAL LIABILITY EXCLUSION CLAUSE FOR QUEENSLAND FLOODING CLASS ACTION VICTORIA HEALTH SERVICES: ARE YOU PREPARED FOR THE STATUTORY DUTY OF CANDOUR? PURSUING PERSONAL ADVANTAGE: AN AGE OLD STORY AGREEMENT TO MEDIATE… ARE YOU CERTAIN? NEW REGULATIONS ARE NOW IN FORCE FOR ALL HEALTH PRACTITIONERS AND ORGANISATIONS IN NSW REGULATION OF EDUCATION AND CARE PROVIDERS: THE DEPARTMENT OF COMMUNITIES IN WA TAKES A STRICTER APPROACH TO COMPLIANCE ACTIONS WILLMOT V STATE OF QUEENSLAND [2022] QSC 167 ONLINE REVIEWS & DEFAMATION VETERINARY PRACTICE IN WA: SIGNIFICANT CHANGES TO THE REGULATORY FRAMEWORK THE PRIVACY LANDSCAPE IN AUSTRALIA FOLLOWING THE INTRODUCTION OF THE NOTIFIABLE DATA BREACHES (NDB) SCHEME IN 2018 MEDICAL BOARD OF AUSTRALIA AND TAN [2022] WASAT 57 ALL IN THE MIND OF THE INSURED – SUBJECTIVE TEST CONFIRMED FOR BREACH OF CONDITION TO TAKE REASONABLE PRECAUTIONS KEEPING AN EYE OUT: TAKING REASONABLE PRECAUTIONS TO PREVENT A RISK OF HARM MATERIALISING GRAVEL IS SLIPPERY – ISN’T THAT OBVIOUS? MIND YOUR PS AND SAFETY FIRST! THE IMPORTANCE OF HEALTH PRACTITIONERS’ COMPLIANCE WITH PUBLIC HEALTH POLICIES AND DIRECTIONS HELP, MY EMPLOYER IS SUING ME FOR NEGLIGENCE! COMPLEX COMPOUNDING – HOW DOES A PHARMACIST PROVE COMPETENCY? PROPOSED REFORMS TO STRENGTHEN THE UNFAIR CONTRACT TERM REGIME IN STANDARD FORM CONTRACTS UNDER THE AUSTRALIAN CONSUMER LAW NEW FRANCHISE DISCLOSURE REGISTER PRIVACY AWARENESS WEEK | 2 – 8 MAY 2022 CAN MY REPLACEMENT VEHICLE BE A BEAMER? DAMAGES FOR LOSS OF USE FOR TORTIOUS DAMAGE TO PROPERTY A CAUTIONARY NOTE TO ALL HEALTH PRACTITIONERS: DON’T BE CAUGHT OUT BY SECTION 130 OF THE NATIONAL LAW! UK: COURT OF APPEAL OVERTURNS CONTROVERSIAL FINDING THAT UNDER-16S CANNOT GIVE INFORMED CONSENT TO TREATMENT WITH PUBERTY BLOCKERS FOR GENDER DYSPHORIA UNITED KINGDOM HIGH COURT CONSIDERS CLAIM FOR DISCRIMINATION BY ABORTION LAWS TO PEOPLE WITH DOWN’S SYNDROME 7-ELEVEN IN BREACH OF PRIVACY LAWS OVER SURVEY COLLECTING FACIAL IMAGES NEW DIRECTOR IDENTIFIER NUMBER REGIME NOW MANDATED FOR ALL DIRECTORS DO YOU REALLY NEED A COPY OF MY COVID-19 VACCINATION CERTIFICATE? NCAT OVERTURNED MEDICAL COUNCIL’S DECISION TO SUSPEND MEDICAL STUDENT’S LICENCE MEDICAL MANAGEMENT PLANS FOR CHILDREN AND YOUR SYSTEM OF GOVERNANCE VETERINARY PRACTICE IN WA: PROPOSED AMENDMENTS TO THE CURRENT REGULATORY FRAMEWORK DANGERS OF ADOPTING BRANDING INCLUDING A GEOGRAPHIC REFERENCE DO YOU SEND PERSONAL INFORMATION OFFSHORE? PHARMACISTS: ARE YOU READY FOR THE COVID-19 VACCINE ROLLOUT? ACCC ALLEGES SMILEDIRECTCLUB MISLED CONSUMERS REGARDING HEALTH INSURANCE REIMBURSEMENTS FOR CLEAR TEETH ALIGNERS MODERN SLAVERY: NEW GUIDE RELEASED FOR THE FINANCIAL SERVICES SECTOR HIGH COURT AFFIRMS PARENTS CAN CONSENT TO PUBERTY BLOCKERS ON BEHALF OF THEIR CHILDREN REAL TIME PRESCRIPTION MONITORING: ASSISTING PRACTITIONERS TO MAKE BETTER INFORMED PRESCRIBING DECISIONS THE COLLECTIVE BARGAINING CLASS EXEMPTION FOR SMALL BUSINESSES IS NOW IN EFFECT PITFALLS OF PROMOTING HEALTH SERVICES ON SOCIAL MEDIA EXTENDED POWERS OF HCC INCLUDE INVESTIGATING COMPLAINTS INCIDENTAL TO THE PROVISION OF HEALTH SERVICES GENDER DYSPHORIA AND CHILDREN: LESSONS FROM R V TAVISTOCK VCAT CONFIRMS COAG MINISTERIAL DIRECTION 2019-1 NOT BINDING ON TRIBUNALS HEALTH COMPLAINTS ACT 2016 (VIC) – DOES IT REALLY APPLY TO ME? IMPORTANT IMPLICATIONS FOR REGISTERED HEALTH PROFESSIONALS EMPLOYED BY BODIES CORPORATE IN VICTORIA MAKE PRIVACY A PRIORITY, TODAY AND EVERY DAY THE DOS AND DON’TS OF COVID-19 VACCINE PROMOTION DANGERS IN NEGOTIATING COMMERCIAL AGREEMENTS THE IMPORTANCE OF AN UP TO DATE AND RELEVANT SHAREHOLDERS’ AGREEMENT NEW DISCLOSURE OBLIGATIONS IN NEW SOUTH WALES REQUIRE INCREASED TRANSPARENCY WITH CONSUMERS DEFAMATION – BE CAREFUL WHAT YOU POST ON SOCIAL MEDIA RETAILERS BEWARE OF ADVERTISING FALSE PROMOTIONS HOW THE CHANGING DEFINITION OF “CONSUMER” UNDER THE AUSTRALIAN LAW MAY AFFECT YOU USE OF ELECTRONIC SIGNATURES – A CAUTIONARY NOTE CLIPPING THE WINGS OF PHOENIX ACTIVITY: NEW REQUIREMENTS FOR RESIGNING DIRECTORS STATUTORY DEMANDS – BACK TO BEING AN EFFECTIVE MEANS OF COLLECTING DEBT FROM A CORPORATE DEBTOR THE VALUE OF A PHARMACY PARTNERSHIP OR SHAREHOLDER AGREEMENT COMMERCIAL OCCUPIERS: WHAT IS EXPECTED OF THEM TO KEEP PREMISES SAFE? CHANGES TO ACNC GOVERNANCE STANDARDS DO YOUR STAFF MEMBERS UNDERSTAND THEIR OBLIGATIONS REGARDING THE HANDLING AND STORAGE OF PERSONAL INFORMATION? PRIVACY AND EXTERNAL DISPUTE RESOLUTION SCHEMES: LIMITATIONS FOR HEALTHCARE CREDIT PROVIDERS FUTURE DIRECTIONS FOR THE CONSUMER DATA RIGHT MAJOR INSOLVENCY LAW REFORM ENACTED DOES YOUR DOMAIN NAME MEET THE NEW TRADE MARK ELIGIBILITY RULES? WAIVERS AND EXTREME SPORTS REINSTATEMENT OF THRESHOLDS AND OTHER FIRB CHANGES NEW AND EXPANDED AHPRA ADVERTISING GUIDELINES: A WELCOME AID TO COMPLIANCE HOW SMALL BUSINESSES CAN UTILISE THE ACCC’S NEW COLLECTIVE BARGAINING CLASS EXEMPTION ARE ALL ACTIVITIES PERFORMED IN A GYM RECREATIONAL? THE COURT SAYS NO. IN ACCOMMODATION SETTINGS, DOES ‘SLIPPERY WHEN WET’ MEAN LIABLE? NEW ZEALAND’S PRIVACY ACT OVERHAUL A CASE SCENARIO ON PATIENT PRIVACY – CAN I DISCUSS A DECEASED PATIENT’S CARE WITH THEIR FAMILY MEMBERS? A CASE SCENARIO ON DEATH CERTIFICATES – WHO CAN SIGN THEM AND WHEN? FEDERAL COURT OF AUSTRALIA CONFIRMS PROFESSIONAL SERVICES REVIEW (PSR) HAS THE POWER TO ORDER PART REPAYMENTS CORONERS COURT DIRECTIONS HEARINGS NOW REQUIRED WITHIN 28 DAYS FOR MANDATORY INQUEST DEATHS NO HALF DOSES IN PHARMACY OWNERSHIP VCAT UPHOLDS USE OF IMMEDIATE ACTION POWER TO SUSPEND DOCTOR OVER SOCIAL MEDIA USE UK HIGH COURT APPLIES ESTABLISHED DUTY OF CARE PRINCIPLES TO LEGALISE PROFESSIONAL GUIDANCE WHICH PERMITS DISCLOSURE OF CONFIDENTIAL INFORMATION TO A PROXIMATE THIRD PARTY WITHOUT CONSENT PHARMACY RELOCATION – TIPS FOR NAVIGATING THE CRITICAL STEPS KEY INSIGHTS FROM JULY 2020 OAIC NOTIFIABLE DATA BREACHES REPORT THREE YEARS ON FROM THE CHAPERONE REVIEW, AHPRA CELEBRATES CHANGES TO THE REGULATORY LANDSCAPE OF SEXUAL BOUNDARIES NOTIFICATIONS ACCIDENTALLY SENDING AN EMAIL TO THE WRONG EMAIL ADDRESS CAN COST YOU SAFE SLEEP AND REST POLICIES PROFESSIONAL SERVICES REVIEW (PSR) LAUNCHES TELEHEALTH REVIEW LISTEN TO THE EXPERTS: CHATOOR V HEALTH CARE COMPLAINTS COMMISSION OF NSW [2020] NSWCA 111 WHAT DO I DO IF THERE IS AN ACCIDENTAL BREACH OF MY PATIENT’S PRIVACY? ADVICE FOR HEALTH PRACTITIONERS AND ORGANISATIONS SWEARING OF AFFIDAVITS ACROSS AUSTRALIA – WHAT’S REQUIRED DURING THE COVID-19 PANDEMIC? HOW WILL LIABILITY INSURANCE RESPOND TO COVID-19? TAKING ACTION AGAINST HEALTH PRACTITIONERS IN THE “PUBLIC INTEREST” – TWO YEARS ON, HOW IS THE NEW IMMEDIATE ACTION POWER BEING APPLIED IN PRACTICE? PRIVATE HEALTH INSURER AUDITS – A REMINDER TO EXERCISE CAUTION AND TO ASK FOR HELP EMERGING INSURANCE ISSUES FROM COVID-19 CORONER’S FINDINGS EMPHASISE THE POTENTIAL RISKS OF RELYING ON TELEHEALTH WITHOUT IN-PATIENT REVIEW APPEAL SOFTENS THE BLOW FOR DEFENDANT FOLLOWING FALL FROM ‘AERIAL SLING’ AFCA DECISIONS: ONLINE INSURANCE PURCHASES, NON-DISCLOSURES AT INCEPTION OF POLICY A WARNING TO HEALTH PRACTITIONERS: IS YOUR PROFESSIONAL INDEMNITY INSURANCE IN PLACE? WESTERN AUSTRALIA: WHAT ARE THE MANDATORY REPORTING REQUIREMENTS FOR REGISTERED HEALTH PRACTITIONERS? USING THE NEW MBS TELEHEALTH ITEM NUMBERS TO CARE FOR PATIENTS FROM HOME? HERE ARE SOME OF THE RISKS AND LIMITATIONS FOR MEDICAL PRACTITIONERS A REMINDER ON SECTION 130 OF THE NATIONAL LAW: NOTIFY THE NATIONAL BOARDS OF ‘CERTAIN EVENTS’, OR FACE A POSSIBLE FINDING OF UNPROFESSIONAL CONDUCT RECENT APPLICATIONS IN PERSONAL INJURIES CLAIMS IMPACTED BY COVID-19 NATIONAL CODE OF CONDUCT FOR SME COMMERCIAL LEASES DURING COVID-19 WA HOSPITAL NEGLIGENT FOR NOT RECOGNISING SEPSIS IN INFANT BURNS PATIENT RESULTING IN IRREVERSIBLE BRAIN DAMAGE SUPREME COURT OF VICTORIA OPTS TO HEAR WOULD-BE JURY TRIAL BY JUDGE ALONE IN AN EFFORT TO KEEP THE WHEELS OF JUSTICE TURNING PROFESSIONAL SERVICES IN NEW SOUTH WALES – APPROVAL IS REQUIRED BUSHFIRE EMERGENCY DECLARATION A WRONGFUL BIRTH CASE STUDY: NOURI V AUSTRALIAN CAPITAL TERRITORY [2020] ACTCA 1 LEGAL REQUIREMENTS FOR DRONE OPERATION ARE SET TO WIDEN – WHAT DO YOU NEED TO KNOW? HEALTH PRACTITIONER SEEKS HELP FROM THE FEDERAL COURT TO UNCOVER IDENTITY OF NEGATIVE GOOGLE REVIEWER DENTIST SEEKS HELP FROM THE FEDERAL COURT TO UNCOVER IDENTITY OF NEGATIVE GOOGLE REVIEWER HELP! I’M BEING AUDITED AHPRA RELEASES REVISED GUIDELINES FOR MANDATORY NOTIFICATIONS ABOUT REGISTERED HEALTH PRACTITIONERS WHAT IS A DRONE? WHO CAN OWN AND OPERATE ONE? REGULATION OF UNREGISTERED HEALTH PRACTITIONERS IN WA – IS THE CURRENT SYSTEM ADEQUATE? AUDIO AND VIDEO RECORDS – ARE THEY LEGAL? LANDLORD AND AGENT – THE BUCK STOPS WHERE? SOUTORINE AND THE MEDICAL BOARD OF AUSTRALIA [2020] WASAT 5 A CASE STUDY IN CAUSATION SOCIAL MEDIA: WHAT’S OK – WHAT’S NOT OWING PRESCRIPTIONS – ARE YOU COURTING DANGER? CLAIMS AGAINST INTERNATIONAL AIRLINES PAYROLL TAX CLAMPDOWN ON HEALTHCARE CLINIC OPERATORS ELECTRONIC PRESCRIPTIONS GENERAL PRACTITIONER SUCCESSFULLY APPEALS NEGLIGENCE FINDING CORONER RECOMMENDS NEW STANDARD FOR IN PATIENT OBSERVATIONS VCAT CONFIRMS THAT DISCIPLINARY CONSEQUENCES MAY BEFALL PRACTITIONERS WHO TREAT THEIR OWN FAMILY A REMINDER ABOUT THE POTENTIAL STRENGTH OF ‘USUAL PRACTICE’ EVIDENCE INSURANCE, DRONES AND YOU. NURSE SLAMMED FOR PROFITING UNDER PATIENT’S WILL AND PRESSURING PEERS POWERFUL NEW SPORTS TRIBUNAL LEADS THE WAY IN BOLSTERING INTEGRITY IN AUSTRALIAN SPORT. WHY IS THIS IMPORTANT? HANDLING SENSITIVE HEALTH INFORMATION ABOUT PATIENTS AND CUSTOMERS – DO YOU UNDERSTAND YOUR OBLIGATIONS? YOU HAVE RECEIVED A NOTIFICATION – WHAT NOW? WHAT’S THE DAMAGE? RECENT TRENDS IN GENERAL DAMAGES AWARDS FOR PSYCHIATRIC INJURIES IN VICTORIA. WHAT HAPPENS TO HEALTHCARE COMPLAINTS IN WESTERN AUSTRALIA? STRIKING THE BALANCE: DO THE RECENT AMENDMENTS TO MANDATORY REPORTING OBLIGATIONS GO FAR ENOUGH? ASK FOR HELP, AND ASK EARLY – ADVICE FOR SURVIVING AN AHPRA NOTIFICATION A GIFT BEJEWELLED WITH RISK PHARMACY WORKPLACE RELATIONS – HOT TOPICS FAMILY DAY CARE – COMPLIANCE AND POLICIES AND PROCEDURES DIRECTORS’ DUTIES BE DATA SMART APPLICATIONS FOR NEW PBS APPROVALS OR RELOCATIONS OF EXISTING PBS APPROVALS CASE NOTE: BERGIN V QUEENSLAND CORK & TIMBER SOLUTIONS PTY LTD [2019] QDC 141 PROFESSIONAL MEDICAL ORGANISATIONS COLLABORATE TO HELP BRING CLARITY ON MEDICAL COSTS FOR PATIENTS STEROIDS AND HORMONE THERAPIES – OFF LABEL USE OR MISUSE/ABUSE? HOW MEDICAL PRACTITIONERS CAN MANAGE NEGATIVE ONLINE REVIEWS VICTORIAN VOLUNTARY ASSISTED DYING LEGISLATION COMES INTO FORCE IN JUNE SAFESCRIPT PROVIDES PRESCRIBERS AND PHARMACISTS WITH REAL TIME ACCESS TO THE PRESCRIPTION HISTORY OF THEIR PATIENTS FOR HIGH RISK MEDICINES. MEDICARE SHARED DEBT RECOVERY SCHEME TO SIGNIFICANTLY AFFECT RECOVERY OF INCORRECT MEDICARE BILLINGS FROM NEXT MONTH IMPORTANT INFORMATION FOR PROPERTY DEVELOPERS IN VICTORIA: STATE TAXATION ACTS AMENDMENT BILL 2019 POLICE IN VICTORIA AND WESTERN AUSTRALIA, TO SHARE INFORMATION WITH AHPRA PROFESSIONAL PERFORMANCE UNDER THE SPOTLIGHT | INQUIRY INTO THE ACTIONS OF THE REGULATOR AND LOCAL HEALTH DISTRICT NEW POWERS USED BY HEALTH COMPLAINTS COMMISSIONER TO STOP UNREGISTERED SERVICE PROVIDERS MAKING FALSE CLAIMS ASIC’S REGULATORY APPROACH TO ENFORCEMENT POST-HAYNE A REMINDER: CHILD CARE PROVIDERS IN VICTORIA, NOW SUBJECT TO THE VICTORIAN REPORTABLE CONDUCT SCHEME RESTRICTIONS ON THE USE AND DISCLOSURE OF CONFIDENTIAL COMMUNICATIONS BETWEEN A VICTIM OF SEXUAL ASSAULT AND TREATING HEALTH PRACTITIONERS SIX AXIOMS EMERGING FROM THE HAYNE REPORT CASE NOTE: CAFFREY V AAI LIMITED [2019] QSC 7 IS THE ‘IRRATIONAL’ EXCEPTION FEASIBLE? FEDERAL COURT CONFIRMS STRICT INTERPRETATION OF THE 80/20 RULE UNDER THE HEALTH INSURANCE ACT 1973 HOW CAN YOU TELL IF YOU HAVE BEEN GIVEN A FORGED PRESCRIPTION AND WHAT TO DO IF YOU HAVE MADE A MISTAKE? TELL THE CLIENT ASAP OR RISK A FINDING OF DECEIT SHARED DEBT RECOVERY SCHEME TO HOLD BOTH MEDICAL PRACTITIONERS AND EMPLOYING AND CONTRACTING ORGANISATIONS RESPONSIBLE FOR INCORRECT MEDICARE BILLING MY HEALTH RECORD: IMPORTANT INFORMATION FOR HEALTHCARE PROVIDERS STATUTORY PRIVILEGE DOES NOT PREVENT DISCLOSURE OF RECORDS IN VCAT PROCEEDINGS A GAME CHANGER FOR MUTUALS – NEW LAW EXPANDS CAPACITY TO RAISE CAPITAL WHAT ARE PHARMACISTS’ OBLIGATIONS WHEN SUPPLYING PSEUDOEPHEDRINE? NO PROFESSIONAL MISCONDUCT FINDING FOR GENERAL PRACTITIONER’S ‘GRAVE ERROR OF JUDGMENT’ PROFESSIONAL OPINIONS – HOW MUCH WEIGHT DO THEY CARRY? FINANCIAL SERVICES ROYAL COMMISSION – THE INTERIM REPORT – EMERGING REGULATORY THEMES PROFESSIONAL MISCONDUCT – FACT OR FICTION? ROYAL COMMISSION INTO AGED CARE QUALITY AND SAFETY CAN A LOSS OF SUPERANNUATION PENSION FORM PART OF A LOSS OF EARNING CLAIM FOR A RETIRED CLAIMANT? GETTING IT RIGHT – MEETING YOUR LEGAL AND PROFESSIONAL OBLIGATIONS IN ADVERTISING BOARD REMOVES LINKS TO PAST DISCIPLINARY DECISIONS – BUT NOT ALL OF THEM CHILD CARE SUBSIDY LAW– AN INTRODUCTION TO THE NEW MINISTER’S RULES AND SECRETARY’S RULES 2017 VIDEO: NEGLIGENCE IN RELATION TO ASBESTOS-CONTAMINATED WASTE CASE NOTE: YOUR ONUS OR MINE? HIGH STAKES FOR ORGANISATIONAL HEADS AS VICTORIA INTRODUCES NEW REQUIREMENTS AS PART OF REPORTABLE CONDUCT SCHEME UNFAIR CONTRACT TERMS: NOT IF BUT HOW PROVIDENT CAPITAL CLASS ACTION MEDICATION MISADVENTURE – METHOTREXATE: A REMINDER TO PHARMACISTS TO EXERCISE INDEPENDENT JUDGMENT ABOUT THE SAFETY OF A PRESCRIBED MEDICINE. THE DUTY OF CARE REQUIREMENT – NOT TO BE TAKEN FOR GRANTED PUTTING THE PAST BEHIND YOU? NOT ANY MORE, AS MEDICAL BOARD STARTS DISPLAYING LINKS TO OLD DISCIPLINARY DECISIONS ON THE NATIONAL REGISTER DUTY OF DISCLOSURE: YESTERDAY’S HERO? MISSING FAXED SCAN RESULT TRIGGERS THE CORONERS COURT TO CALL FOR ROBUST STANDARDS REGARDING THE COMMUNICATION OF RADIOLOGY RESULTS SPARKS V HOBSON; GRAY V HOBSON [2018] NSWCA 29: IS THIS A PRELUDE TO THE EXPANSION OF THE PEER PROFESSIONAL OPINION DEFENCE IN NSW? ‘SAFESCRIPT’ ROLL-OUT: AN UPDATE FOR PRACTITIONERS ON IMPORTANT REGULATORY CHANGES FROM 1 JULY 2018 WHAT TO CONSIDER WHEN YOU BUY A FITNESS FRANCHISE FAIR GO! ARE YOUR STANDARD CONTRACTS UNFAIR? ASSIGNING YOUR COMMERCIAL OR RETAIL LEASE CHARITIES UNCLEAR AND UNCERTAIN ABOUT DISCLOSURE OF POLITICAL DONATIONS AND EXPENDITURE ARE YOU PREPARED FOR THE MANDATORY DATA BREACH NOTIFICATION REGIME? RECENT TRENDS IN BUYING AND SELLING PHARMACIES PHARMACY FRANCHISE LAW – TIPS FOR FRANCHISEES MISUSE, INTERFERENCE OR LOSS OF PERSONAL INFORMATION BY PHARMACISTS – NEW MANDATORY NOTIFICATIONS FOR DATA BREACHES EXPANDING OR CONTRACTING YOUR PHARMACY? DON’T FORGET PHARMACY LOCATION RULE 121 UNFAIR DISMISSAL CLAIMS UNDER FIXED TERM CONTRACTS SHIFTING LANDSCAPE – INSURANCE LAW FIRMS ARE EXPERIENCING UNPRECEDENTED CHANGE AS THE SECTOR EVOLVES HOW AUSTRALIAN FINANCIAL COMPLAINTS AUTHORITY (AFCA) MAY IMPACT YOUR BUSINESS UNFAIR CONTRACT PROTECTIONS CAPTURE STANDARD CONTRACT LOANS TO SMALL BUSINESSES ARE FINANCIAL SERVICE PROVIDERS PREPARED FOR THE MANDATORY DATA BREACH NOTIFICATION REGIME? NSW HEALTH SERVICES ORGANISATIONS FACE KEY CHANGES TO ROOT CAUSE ANALYSIS PROCEDURES SUPREME COURT OF VICTORIA CONFIRMS AVAILABILITY OF STATUTORY PRIVILEGE OVER CLINICAL RECORDS IN VCAT NATIONAL REGISTRATION OF PARAMEDICS – MANDATORY NOTIFICATIONS: WHAT PARAMEDICS NEED TO KNOW ABOUT THEIR MANDATORY REPORTING OBLIGATIONS OVERHAUL GETS THE GO AHEAD FOR MANDATORY REPORTING LAWS REGARDING TREATING HEALTHCARE PROFESSIONALS INSURANCE BROKER REMUNERATION – 5 LEGAL CONSIDERATIONS MISLEADING ADVERTISING IN FINANCIAL SERVICES REFLECTIONS ON A RECENT EXPERIENCE WITH ‘HOT TUBBING’ IN THE CORONERS COURT OUTRAGE AS JUNIOR UK DOCTOR IS CONVICTED OF MANSLAUGHTER AND STRUCK OFF ACCEPTING GIFTS FROM PATIENTS – BEFORE YOU PARTAKE OF THAT BOTTLE OF WINE, STOP AND CONSIDER A FEW FACTORS VICTORIA TO ROLL OUT REAL-TIME PRESCRIPTION MONITORING SYSTEM IN 2018 MEDICAL BOARD SEEKS COMMUNITY INPUT ON REVISED SEXUAL BOUNDARIES GUIDELINES MERIDIAN LAWYERS BOLSTERS ITS PROPERTY AND COMMERCIAL LEASING PRACTICE IN SYDNEY MERIDIAN LAWYERS EXPANDS ITS INSURANCE TEAM AND FOOTPRINT FROM EAST TO WEST OUTSTANDING INSURANCE LAWYER ANDREW SHARPE TO JOIN MERIDIAN LAWYERS’ SYDNEY TEAM. NATIONAL REGISTRATION OF PARAMEDICS 2018 RELEASE OF INSURANCE IN SUPERANNUATION VOLUNTARY CODE OF PRACTICE CHANGES TO MEDICARE BENEFITS SCHEDULE ITEMS FOR SPINAL X-RAY SERVICES – WHY, HOW AND WHAT NOW? PROVING RESIDUAL WORKING CAPACITY: A DEFENDANT’S BURDEN TO BEAR CASE STUDY: PITFALLS OF CROSSING THE BOUNDARIES VIDEO: FUNDAMENTALS OF EFFECTIVE NEGOTIATION SWEEPING REFORMS IN VICTORIA PROPOSED TO LIFT HOSPITAL SAFETY MEDICAL BOARD REFORMS FOR OLDER MEDICAL PRACTITIONERS AND THOSE THE SUBJECT OF MULTIPLE COMPLAINTS VIDEO: NEGLIGENCE AND CONSENT IN THE MEDICAL PROFESSION LANDMARK ADVERTISING FINE WARNS THAT THE TIGER HAS TEETH PI COVER FOR AFS LICENSEES – CHECK YOUR COVER AS NOT ALL PI POLICIES HAVE THE SAME COVER STANDARD CONTRACT TERMS AND CONDITIONS FOR DERIVATIVES TRADING AND BROKER RIGHTS NEW LEGISLATION INTRODUCES BAN ON EXCESSIVE PAYMENT SURCHARGES EXPANDED PROTECTION FOR WHISTLEBLOWERS IN CORPORATE, FINANCIAL AND CREDIT SECTORS INCLUDING TAX MISCONDUCT PUT IT IN WRITING: TOOLS TO PROTECT AND ENFORCE MINORITY SHAREHOLDER RIGHTS (PART 2) HOW TO AVOID COPYRIGHT INFRINGEMENT HOW FIT ARE YOU, LEGALLY? INCREASED POWERS OF THE FAIR WORK OMBUDSMAN – IS YOUR BUSINESS VULNERABLE? PARTNERSHIP AGREEMENTS – DO YOU HAVE ONE AND IS IT UP TO DATE? IS IT A DISPUTE WAITING TO HAPPEN? NATIONAL BOARDS ARMED WITH NEW PUBLIC INTEREST POWER TO TAKE IMMEDIATE ACTION AGAINST HEALTH PRACTITIONERS NATIONAL REGISTRATION OF PARAMEDICS – REGISTRATION STANDARDS MASSIVE PRIVACY BREACH: A LESSON IN USING THIRD PARTY WEB SERVICE PROVIDERS WRIGHT AND WRONG CROWD-SOURCED FUNDING FOR START-UPS AND SMES – OFFERING SHARES TO RETAIL INVESTORS PROPOSED NEW INSURANCE CODE OF PRACTICE FOR SUPERANNUATION TRUSTEES “CHECK, CORRECT, CHANGE” GUIDANCE PUBLISHED BY AHPRA A WELCOME RESOURCE FOR PRACTITIONERS SEEKING CLARITY IN ADVERTISING REGULATION SIGNIFICANT $1.3M PAYOUT WARNS EMPLOYERS TO TAKE EMPLOYEE BULLYING COMPLAINTS SERIOUSLY PHARMACY INSIGHTS – SPRING 2017 DISCLOSURE OF CONFIDENTIAL GENETIC INFORMATION TO RELATIVES A REMINDER FOR PHARMACISTS: EXERCISE CAUTION WHEN DISPENSING SCHEDULE 3 POISONS COURT’S DISDAIN FOR DISABILITY CLAIM 70 YEARS IN THE MAKING: THE CIVIL LIABILITY (THIRD PARTY CLAIMS AGAINST INSURERS) ACT 2017 NATIONAL REGISTRATION OF PARAMEDICS FINALISTS IN INFOTRACK CLIENT CENTRICITY AWARDS FOR SECOND YEAR MEDIA RELEASE: MERIDIAN BOOSTS HEALTH LAW EXPERTISE ACCC INCREASES FRANCHISOR SCRUTINY PUT IT IN WRITING: TOOLS TO PROTECT AND ENFORCE MINORITY SHAREHOLDER RIGHTS ‘PHILLIPS ARRANGEMENTS’: IT MAY BE TIME TO REVIEW YOUR SERVICE COMPANY ARRANGEMENTS NSW LANDLORDS AND TENANTS AFFECTED BY CHANGES TO THE RETAIL LEASES ACT CHOOSING THE RIGHT NOT-FOR-PROFIT STRUCTURE MEDIA RELEASE: INSURANCE TEAM AND MANAGING PRINCIPAL SHORTLISTED FOR PRESTIGIOUS INDUSTRY AWARDS WHEN IS A DUTY OF CARE OWED IN MENTAL HARM CLAIMS? VETS MUST BE VIGILANT TO AVOID LEGAL ACTION HOW LONG MUST YOU RETAIN CHILD CARE RECORDS IN VICTORIA? WHAT DOES MANDATORY REPORTING MEAN FOR EARLY CHILD CARE WORKERS? BEWARE OF ALTERED, FORGED OR FRAUDULENT PRESCRIPTIONS: A REMINDER FOR PHARMACISTS DEALING WITH COMPLEX FACTS IN ASSESSING CONTRIBUTION FOR AN ASBESTOS EXPOSURE INJURY AMENDMENT OF SERVICE APPROVALS – YOUR OPTIONS IF YOU ARE REFUSED PROPOSED CHANGES TO NATIONAL QUALITY FRAMEWORK CHOOSING THE RIGHT BUSINESS STRUCTURE FOR YOUR CHILD CARE SERVICE FAMILY DAY CARE LAW: AVOIDING BREACHES OF THE NATIONAL LAW AND REGULATIONS BRAND LOYALTY IN PROFESSIONAL INDEMNITY INSURANCE: RISKS OF SHIFTING INSURANCE COVER THE INSURER STRIKES BACK GENERAL INSURERS NEED TO BE EVER MINDFUL OF BEST PRACTICE ADVERTISING DENTAL INSIGHTS: IS YOUR RADIOLOGY EQUIPMENT REGISTERED AND YOUR RADIOLOGY LICENCE UP-TO-DATE? ATTEMPTED MURDER DURING OFFSITE TRAINING: IS THE OCCUPIER LIABLE FOR PSYCHIATRIC INJURY? FINALIST IN LAWYERS WEEKLY PARTNER OF THE YEAR AWARDS A REMINDER TO ENSURE THE DENTAL JUSTIFICATION FOR TREATMENT PLAN IS CLEARLY RECORDED PHARMACY SALE AND PURCHASE TRENDS DURING 2016: ASSIGNMENT OF LEASES REAL-TIME PRESCRIPTION MONITORING: WHAT DOES IT MEAN FOR HEALTH PRACTITIONERS? MERIDIAN LAWYERS SUCCESSFUL IN LONG-RUNNING PROFESSIONAL NEGLIGENCE CASE TRENDS IN BUSINESS SALES AND PURCHASES: ASSIGNMENT OF LEASES CHOOSING THE RIGHT BUSINESS STRUCTURE ABOLITION OF STAMP DUTY ON PURCHASE OF BUSINESS ASSETS IN NEW SOUTH WALES IS BIG BROTHER WATCHING? SUCCESSION PLANNING FOR YOUR PARTNERSHIP SELLING A VETERINARY PRACTICE SUCCESSION PLANNING FOR YOUR PARTNERSHIP AWB: THE NEXT INSTALMENT… MERIDIAN LAWYERS’ NEW YEAR PROMOTIONS WHAT DO I NEED TO KNOW ABOUT THE NEW HEALTH COMPLAINTS ACT 2016 (VIC)? HAVE YOU PLANNED YOUR PARTY PROPERLY? ARE YOU SELLING A CHILD CARE BUSINESS? WHAT TO DO IF YOUR SERVICE APPROVAL HAS BEEN SUSPENDED OR CANCELLED ADVERTISING: A TIMELY REMINDER THE DUTY OF CARE OWED BY A PRINCIPAL CONTRACTOR – IS IT DELEGABLE? MERIDIAN LAWYERS’ BOOSTS MELBOURNE INSURANCE TEAM WITH NEW PRINCIPAL HOW WILL TECHNOLOGY CHANGE THE TYPES OF CLAIMS WE SEE IN THE FUTURE? GAME OF DRONES: NEW RULES, NEW CHALLENGES WHEN HAS AN OBLIGATION TO OBTAIN INFORMED CONSENT BEEN DISCHARGED? VIDEO: NEGOTIATING AND EVIDENCE OF A LEGAL RETAINER CERTAIN CONTRACTUAL INDEMNITIES VOID IN QUEENSLAND INJURY CLAIMS – SOME TRAPS FOR BROKERS WOMEN IN LAW AWARDS FINALIST: MENTOR OF THE YEAR MERIDIAN LAWYERS WINS PRESTIGIOUS AWARD MANAGING PARTNER PAUL BAKER FINALIST IN AUSTRALIAN LAW AWARDS IS THIS THE END TO USING CONTRACTUAL INDEMNITIES TO APPORTION LIABILITY FOR WORKERS’ INJURIES? INSURANCE INSIGHTS: THE PITFALLS OF LENDING A HELPING HAND TACKLING TARDINESS HIGH COURT WIN: FINDING REMINDS COURTS OF APPEAL OF THEIR LIMITS DOING THE RIGHT THING: COMPLYING WITH FAMILY ASSISTANCE LAW FOR FAMILY DAY CARE LOWERING OF TWO KEY WRONGS ACT THRESHOLDS IN VICTORIA HOLDING NURSES TO ACCOUNT: AHPRA NOTIFICATIONS, INVESTIGATIONS, PROCESSES AND OUTCOMES AUSTRALASIAN LAW MANAGEMENT JOURNAL: Q&A WITH PAUL BAKER MOURNING THE LOSS OF OUR COLLEAGUE AND COLLABORATOR – ASHLEY JONES, PRINCIPAL AT MERIDIAN LAWYERS, BRISBANE DRONES – FRIEND OR FOE FOR UNDERWRITERS? SELLING YOUR BUSINESS? DON’T FORGET AN IMPORTANT ASSET – YOUR EMPLOYEES! ‘BUT HOW CAN I NOTIFY MY INSURER? ALL THE DETAILS ARE PRIVATE’ PHARMACY LOCATION RULES: WHO ARE ‘PERSONS AGGRIEVED’ BY NEW APPROVALS? NUROFEN SPECIFIC PAIN CLAIMS: FEDERAL COURT FINDS MISLEADING CONDUCT ONLINE PHARMACY RETAILER PAYS $32,400 FOR MISLEADING PRODUCT PRICING AIM FOR A PAIN-FREE GOODBYE WHAT DOES A ‘PROFESSIONAL SERVICE’ MEAN IN THE CONTEXT OF A D&O POLICY EXCLUSION CLAUSE? THE CHANGING STATE OF PLAY: THE NATURAL EVOLUTION OF THE PROFESSIONAL REGULATION OF PHARMACY STORAGE AND PRESCRIBING OF MEDICATION IN THE DENTAL SURGERY STRIKING THE RIGHT BALANCE: GENDER DIVERSITY AND FLEXIBILITY FAST-TRACKED ORTHODONTIC TREATMENTS GIVE RISE TO INFORMED CONSENT AND SCOPE OF PRACTICE ISSUES MERIDIAN’S EMPLOYMENT PRINCIPAL ELECTED ALERA PRESIDENT MERIDIAN LAWYERS ASSISTS WITH NAPSA’S CONSTITUTION OVERHAUL FORESIGHTS: PUBLIC LIABILITY FORESIGHTS: RECENT CASE RULINGS CHALLENGE THE STATUS QUO SCHEDULE 8 MEDICATIONS: A DISTURBING TREND IN STORAGE AND RECORD KEEPING AHPRA EXTENDS ITS REACH TO SOCIAL MEDIA A REMINDER OF WHAT IS NOTIFIABLE CONDUCT, AND THE CONSEQUENCES OF FAILING TO NOTIFY QUEENSLAND TO REMOVE 5% PERMANENT IMPAIRMENT THRESHOLD FOR WORKERS SEEKING DAMAGES RECENT COURT OF APPEAL DECISION CONFIRMS BREADTH OF ADVOCATE’S IMMUNITY POWER COUPLE ACCC GIVEN GREATER POWERS TO ENFORCE NEW FRANCHISING CODE OF CONDUCT THE BROADENING SHADOW OF SECTION 54 NEW OFFICE AIMS TO IMPROVE JOHNSON V TRIPLE C PROCESS IN QUEENSLAND WATCH OUT FOR THAT LAST STEP CHANGES PROPOSED TO END MANDATORY INQUESTS INTO DEATHS IN CUSTODY THE DENTIST AS AN INDEPENDENT EXPERT WITNESS POSITIVE PARTNERSHIPS: THE COMFORTS OF A GOOD PARTNERSHIP AGREEMENT BUBBLE, BUBBLE, TOIL AND TROUBLE FOR PLAINTIFFS BUYING AND SELLING DENTAL PRACTICES MERIDIAN LAWYERS NABS HIGH PROFILE INSURANCE LAWYER EMPLOYMENT RELATIONS PRINCIPAL JOINS MERIDIAN TEAM ENDEAVOURS TO RESOLVE THE DEBATE KEEPING YOUR WEBSITE UP-TO-DATE AND ACCURATE CORPORATE GOVERNANCE UPDATE: ASX RULES CREDIT REPORTING REGIME UNDER THE PRIVACY ACT HAS A NEW BITE SPOTLIGHT ON FITNESS: AN OVERVIEW OF AUSTRALIAN CONSUMER LAW THE COST OF DOING BUSINESS: AN OPEN AND SHUT CASE FOR A CHILD CARE CENTRE BEST LAWYERS RECOGNISES LEADING INSURANCE LAWYER HIGH COURT DETERMINES THAT DAMAGES ARE NOT CAPPED PHARMACY ALERT: MAINTAINING SCRIPT CERTIFICATIONS CONSIDER THESE FUNDAMENTALS BEFORE PURCHASING A PROFESSIONAL PRACTICE THINKING OF BUYING A FRANCHISE? RETAIL SHOP LEASES: YOUR RIGHTS AS A TENANT PITFALLS OF GROUP BUYING ADVERTISING FOR HEALTH PRACTITIONERS IS THIS THE END OF YOUR LEASE? INSURING BUILDERS: CLAIMS BY SUBSEQUENT OWNERS TAKING THE ‘LITERAL’ OR ‘INTENDED’ MEANING: HIGH COURT RESERVES JUDGMENT PERSONAL TRAINERS: DON’T SWEAT THE LEGAL SMALL PRINT MEDICO-LEGAL ISSUES FOR RADIOGRAPHERS AHPRA AUDITS: TIPS FOR REGISTERED HEALTH PROFESSIONALS JOINT STATEMENT ON DENTAL AUDITS: ADA, GUILD INSURANCE AND MERIDIAN LAWYERS PRIVACY, LEGAL LIABILITY AND THE PHARMACIST FITNESS INSTRUCTORS, SQUATS AND WAIVERS EMPLOYMENT INSIGHTS: FAIR WORK COMMISSION LAYS DOWN SOME MARKERS ON BULLYING HEALTH PROFESSIONALS: ARE YOU COMPLYING WITH YOUR OBLIGATIONS? GOVERNMENT ROLLS OUT LIVING LONGER, LIVING BETTER AGED CARE PACKAGE HOW HEALTHY IS YOUR RELATIONSHIP WITH YOUR BUSINESS PARTNERS? STRATEGIC SHAREHOLDING AGREEMENT WITH STEADFAST GROUP LEGAL ISSUES: WHAT SHOULD A PHYSIOTHERAPIST DO WHEN… BIOSECURITY GUIDELINES: DO THEY POSE AN INCREASED LEGAL RISK TO VETERINARIANS? E-HEALTH: A NEW FRONTIER FOR HEALTH PRACTITIONERS INFECTIOUS DISEASES & CHILD CARE: WHAT ABOUT STAFF MEMBERS? NSW PERSONAL INJURY COMMISSION UPDATE PRIVACY AWARENESS WEEK 2024 | UNDERSTANDING TRANSPARENCY, ACCOUNTABILITY AND SECURITY THE CASE AGAINST CHATGPT: WARNINGS AGAINST AN AI-GENERATED TESTIMONY A SECTOR PRICED OUT | FINDINGS FROM THE AGED CARE TASKFORCE’S FINAL REPORT LEGAL ESSENTIALS FOR BUYING A DENTAL PRACTICE SELLING YOUR DENTAL PRACTICE: LEGAL TIPS FOR MAXIMISING YOUR OUTCOMES CASE NOTE | INSURER REMEDIES FOR FALSE AND MISLEADING STATEMENTS CASE NOTE | GRAVEL POSES AN ‘OBVIOUS RISK’- MIND YOUR STEP! PHARMACY | DATA BREACHES AND PRIVACY – HOW TO SAFEGUARD YOUR BUSINESS’S FUTURE SUCCESS CASE NOTE | AN INTERLOCUTORY ODYSSEY OF NON-COMPLIANCE – DANKERS V VOLUNTEER MARITIME RESCUE NSW [2023] ACTSC 395 SELLING YOUR MEDICAL PRACTICE: LEGAL TIPS FOR MAKING IT A PAIN-FREE PROCESS DISPENSING WITH INAPPROPRIATE BEHAVIOUR – A GUIDE FOR PHARMACISTS CASE NOTE | BARKING UP THE WRONG TREE – COUNTY COURT OF VICTORIA FINDS DOG ATTACK NOT SUFFICIENTLY CONNECTED WITH INSURED’S BUSINESS CASE NOTE | FIRST IN, NOT NECESSARILY BEST DRESSED? VICTORIAN COURT OF APPEAL ALLOWS MULTIPLE MEDICAL PANEL DETERMINATIONS, SETTING ASIDE THE ROSATA DECISION CASE NOTE | WHEN TO PLAY THE BLAME GAME: ALLEGATIONS OF CONTRIBUTORY NEGLIGENCE IN THE ACT – WILSON V AUSTRALIAN CAPITAL TERRITORY [2023] ACTSC 287 CASE NOTE | THE SUPREME COURT OF QUEENSLAND AGAIN ORDERS A PERMANENT STAY OF PROCEEDINGS IN A CHILD ABUSE CLAIM, MEANWHILE THE HIGH COURT OF AUSTRALIA OVERTURNS ONE CASE NOTE | PERSUASIVE EVIDENCE OF PREJUDICE – A MUST WHEN RESISTING AN EXTENSION OF TIME APPLICATION TO ISSUE PROCEEDINGS CASE NOTE | AN ERROR IN METHOD ALONE IS NOT A ‘SHAW THING’ ON REVIEW CASE NOTE | PROCEDURAL FAIRNESS REQUIRES DECISION MAKERS TO ENSURE THOSE AFFECTED BY THEIR DECISIONS ARE FULLY AWARE OF RELEVANT DISTINCTIONS CASE NOTE | “OBVIOUS RISK” A KEY CONSIDERATION IN PERSONAL INJURY CASES PHARMACY LOCATION RULES – UNDERSTANDING THE PROCESS FOR PBS APPROVAL IN LARGE MEDICAL CENTRES CYBER SECURITY AWARENESS MONTH – ARE YOU CYBER AWARE? CASE NOTE | NSW SUPREME COURT REAFFIRMS EXPERT WITNESSES ARE IMMUNE FROM SUIT CASE NOTE | SURGERY DOES NOT, OF ITS OWN, TRANSFORM A THRESHOLD INJURY INTO A NON-THRESHOLD INJURY UNDER MAIA CASE NOTE | RES IPSA LOQUITOR IS AN INFERENTIAL REASONING PROCESS AVAILABLE TO BOTH INSURERS AND CLAIMANTS BUYING AND SELLING A PHARMACY | WHY IT MAKES GOOD BUSINESS SENSE TO PARTNER WITH A LAWYER CAN A PATIENT UNDER 18 PROVIDE INFORMED CONSENT? ACT COURT OF APPEAL OVERTURNS ONEROUS DUTY FINDING CONFIRMING THAT THERE IS NO GENERAL DUTY ON A GP TO FOLLOW-UP OR ESCALATE REFERRALS “PROPERTY DAMAGE” – SOUNDS SIMPLE, RIGHT? DEAL OR NO DEAL: FROM HANDSHAKES, HEADS OF AGREEMENT TO CONTRACTS – WHAT’S LEGALLY BINDING, AND WHAT’S NOT? SHOW CAUSE NOTICES ISSUED TO CHILDCARE PROVIDERS: DO YOU UNDERSTAND YOUR OBLIGATIONS? 21ST BIRTHDAY PARTIES AREN’T DEAD, LONG LIVE THE PARTY! CONVICTED HEALTH PROFESSIONALS MAY FACE REGISTRATION SUSPENSION PAYROLL TAX CONCERNS FOR MEDICAL AND ALLIED HEALTH PRACTICES PRIVACY AWARENESS WEEK 2023 ARE THE AUSTRALIAN PRIVACY REFORMS ON YOUR RADAR? INDUSTRY UPDATE: INCREASE IN MONETARY JURISDICTIONAL LIMITS OF THE DISTRICT COURT OF NSW PHARMACY SALE AND PURCHASE UPDATE NEW ERA FOR THE COSTING OF COUNTY COURT AND SUPREME COURT CLAIMS A CHANGE OF HEART ON INDEMNITY | A LANDMARK HIGH COURT DECISION FOR INSURERS COLLABORATIVE ARRANGEMENTS BETWEEN MEDICAL PRACTITIONERS AND ELIGIBLE NURSE PRACTITIONERS AND ELIGIBLE MIDWIVES HIGH COURT OF AUSTRALIA GRANTS APPLICATION FOR SPECIAL LEAVE TO APPEAL A DECISION TO PERMANENTLY STAY PROCEEDINGS INVOLVING HISTORICAL CHILD SEXUAL ABUSE INSURER PERMITTED TO INVOKE PROFESSIONAL LIABILITY EXCLUSION CLAUSE FOR QUEENSLAND FLOODING CLASS ACTION VICTORIA HEALTH SERVICES: ARE YOU PREPARED FOR THE STATUTORY DUTY OF CANDOUR? PURSUING PERSONAL ADVANTAGE: AN AGE OLD STORY AGREEMENT TO MEDIATE… ARE YOU CERTAIN? NEW REGULATIONS ARE NOW IN FORCE FOR ALL HEALTH PRACTITIONERS AND ORGANISATIONS IN NSW REGULATION OF EDUCATION AND CARE PROVIDERS: THE DEPARTMENT OF COMMUNITIES IN WA TAKES A STRICTER APPROACH TO COMPLIANCE ACTIONS WILLMOT V STATE OF QUEENSLAND [2022] QSC 167 ONLINE REVIEWS & DEFAMATION VETERINARY PRACTICE IN WA: SIGNIFICANT CHANGES TO THE REGULATORY FRAMEWORK THE PRIVACY LANDSCAPE IN AUSTRALIA FOLLOWING THE INTRODUCTION OF THE NOTIFIABLE DATA BREACHES (NDB) SCHEME IN 2018 MEDICAL BOARD OF AUSTRALIA AND TAN [2022] WASAT 57 ALL IN THE MIND OF THE INSURED – SUBJECTIVE TEST CONFIRMED FOR BREACH OF CONDITION TO TAKE REASONABLE PRECAUTIONS KEEPING AN EYE OUT: TAKING REASONABLE PRECAUTIONS TO PREVENT A RISK OF HARM MATERIALISING GRAVEL IS SLIPPERY – ISN’T THAT OBVIOUS? MIND YOUR PS AND SAFETY FIRST! THE IMPORTANCE OF HEALTH PRACTITIONERS’ COMPLIANCE WITH PUBLIC HEALTH POLICIES AND DIRECTIONS HELP, MY EMPLOYER IS SUING ME FOR NEGLIGENCE! COMPLEX COMPOUNDING – HOW DOES A PHARMACIST PROVE COMPETENCY? PROPOSED REFORMS TO STRENGTHEN THE UNFAIR CONTRACT TERM REGIME IN STANDARD FORM CONTRACTS UNDER THE AUSTRALIAN CONSUMER LAW NEW FRANCHISE DISCLOSURE REGISTER PRIVACY AWARENESS WEEK | 2 – 8 MAY 2022 CAN MY REPLACEMENT VEHICLE BE A BEAMER? DAMAGES FOR LOSS OF USE FOR TORTIOUS DAMAGE TO PROPERTY A CAUTIONARY NOTE TO ALL HEALTH PRACTITIONERS: DON’T BE CAUGHT OUT BY SECTION 130 OF THE NATIONAL LAW! UK: COURT OF APPEAL OVERTURNS CONTROVERSIAL FINDING THAT UNDER-16S CANNOT GIVE INFORMED CONSENT TO TREATMENT WITH PUBERTY BLOCKERS FOR GENDER DYSPHORIA UNITED KINGDOM HIGH COURT CONSIDERS CLAIM FOR DISCRIMINATION BY ABORTION LAWS TO PEOPLE WITH DOWN’S SYNDROME 7-ELEVEN IN BREACH OF PRIVACY LAWS OVER SURVEY COLLECTING FACIAL IMAGES NEW DIRECTOR IDENTIFIER NUMBER REGIME NOW MANDATED FOR ALL DIRECTORS DO YOU REALLY NEED A COPY OF MY COVID-19 VACCINATION CERTIFICATE? NCAT OVERTURNED MEDICAL COUNCIL’S DECISION TO SUSPEND MEDICAL STUDENT’S LICENCE MEDICAL MANAGEMENT PLANS FOR CHILDREN AND YOUR SYSTEM OF GOVERNANCE VETERINARY PRACTICE IN WA: PROPOSED AMENDMENTS TO THE CURRENT REGULATORY FRAMEWORK DANGERS OF ADOPTING BRANDING INCLUDING A GEOGRAPHIC REFERENCE DO YOU SEND PERSONAL INFORMATION OFFSHORE? PHARMACISTS: ARE YOU READY FOR THE COVID-19 VACCINE ROLLOUT? ACCC ALLEGES SMILEDIRECTCLUB MISLED CONSUMERS REGARDING HEALTH INSURANCE REIMBURSEMENTS FOR CLEAR TEETH ALIGNERS MODERN SLAVERY: NEW GUIDE RELEASED FOR THE FINANCIAL SERVICES SECTOR HIGH COURT AFFIRMS PARENTS CAN CONSENT TO PUBERTY BLOCKERS ON BEHALF OF THEIR CHILDREN REAL TIME PRESCRIPTION MONITORING: ASSISTING PRACTITIONERS TO MAKE BETTER INFORMED PRESCRIBING DECISIONS THE COLLECTIVE BARGAINING CLASS EXEMPTION FOR SMALL BUSINESSES IS NOW IN EFFECT PITFALLS OF PROMOTING HEALTH SERVICES ON SOCIAL MEDIA EXTENDED POWERS OF HCC INCLUDE INVESTIGATING COMPLAINTS INCIDENTAL TO THE PROVISION OF HEALTH SERVICES GENDER DYSPHORIA AND CHILDREN: LESSONS FROM R V TAVISTOCK VCAT CONFIRMS COAG MINISTERIAL DIRECTION 2019-1 NOT BINDING ON TRIBUNALS HEALTH COMPLAINTS ACT 2016 (VIC) – DOES IT REALLY APPLY TO ME? IMPORTANT IMPLICATIONS FOR REGISTERED HEALTH PROFESSIONALS EMPLOYED BY BODIES CORPORATE IN VICTORIA MAKE PRIVACY A PRIORITY, TODAY AND EVERY DAY THE DOS AND DON’TS OF COVID-19 VACCINE PROMOTION DANGERS IN NEGOTIATING COMMERCIAL AGREEMENTS THE IMPORTANCE OF AN UP TO DATE AND RELEVANT SHAREHOLDERS’ AGREEMENT NEW DISCLOSURE OBLIGATIONS IN NEW SOUTH WALES REQUIRE INCREASED TRANSPARENCY WITH CONSUMERS DEFAMATION – BE CAREFUL WHAT YOU POST ON SOCIAL MEDIA RETAILERS BEWARE OF ADVERTISING FALSE PROMOTIONS HOW THE CHANGING DEFINITION OF “CONSUMER” UNDER THE AUSTRALIAN LAW MAY AFFECT YOU USE OF ELECTRONIC SIGNATURES – A CAUTIONARY NOTE CLIPPING THE WINGS OF PHOENIX ACTIVITY: NEW REQUIREMENTS FOR RESIGNING DIRECTORS STATUTORY DEMANDS – BACK TO BEING AN EFFECTIVE MEANS OF COLLECTING DEBT FROM A CORPORATE DEBTOR THE VALUE OF A PHARMACY PARTNERSHIP OR SHAREHOLDER AGREEMENT COMMERCIAL OCCUPIERS: WHAT IS EXPECTED OF THEM TO KEEP PREMISES SAFE? CHANGES TO ACNC GOVERNANCE STANDARDS DO YOUR STAFF MEMBERS UNDERSTAND THEIR OBLIGATIONS REGARDING THE HANDLING AND STORAGE OF PERSONAL INFORMATION? PRIVACY AND EXTERNAL DISPUTE RESOLUTION SCHEMES: LIMITATIONS FOR HEALTHCARE CREDIT PROVIDERS FUTURE DIRECTIONS FOR THE CONSUMER DATA RIGHT MAJOR INSOLVENCY LAW REFORM ENACTED DOES YOUR DOMAIN NAME MEET THE NEW TRADE MARK ELIGIBILITY RULES? WAIVERS AND EXTREME SPORTS REINSTATEMENT OF THRESHOLDS AND OTHER FIRB CHANGES NEW AND EXPANDED AHPRA ADVERTISING GUIDELINES: A WELCOME AID TO COMPLIANCE HOW SMALL BUSINESSES CAN UTILISE THE ACCC’S NEW COLLECTIVE BARGAINING CLASS EXEMPTION ARE ALL ACTIVITIES PERFORMED IN A GYM RECREATIONAL? THE COURT SAYS NO. IN ACCOMMODATION SETTINGS, DOES ‘SLIPPERY WHEN WET’ MEAN LIABLE? NEW ZEALAND’S PRIVACY ACT OVERHAUL A CASE SCENARIO ON PATIENT PRIVACY – CAN I DISCUSS A DECEASED PATIENT’S CARE WITH THEIR FAMILY MEMBERS? A CASE SCENARIO ON DEATH CERTIFICATES – WHO CAN SIGN THEM AND WHEN? FEDERAL COURT OF AUSTRALIA CONFIRMS PROFESSIONAL SERVICES REVIEW (PSR) HAS THE POWER TO ORDER PART REPAYMENTS CORONERS COURT DIRECTIONS HEARINGS NOW REQUIRED WITHIN 28 DAYS FOR MANDATORY INQUEST DEATHS NO HALF DOSES IN PHARMACY OWNERSHIP VCAT UPHOLDS USE OF IMMEDIATE ACTION POWER TO SUSPEND DOCTOR OVER SOCIAL MEDIA USE UK HIGH COURT APPLIES ESTABLISHED DUTY OF CARE PRINCIPLES TO LEGALISE PROFESSIONAL GUIDANCE WHICH PERMITS DISCLOSURE OF CONFIDENTIAL INFORMATION TO A PROXIMATE THIRD PARTY WITHOUT CONSENT PHARMACY RELOCATION – TIPS FOR NAVIGATING THE CRITICAL STEPS KEY INSIGHTS FROM JULY 2020 OAIC NOTIFIABLE DATA BREACHES REPORT THREE YEARS ON FROM THE CHAPERONE REVIEW, AHPRA CELEBRATES CHANGES TO THE REGULATORY LANDSCAPE OF SEXUAL BOUNDARIES NOTIFICATIONS ACCIDENTALLY SENDING AN EMAIL TO THE WRONG EMAIL ADDRESS CAN COST YOU SAFE SLEEP AND REST POLICIES PROFESSIONAL SERVICES REVIEW (PSR) LAUNCHES TELEHEALTH REVIEW LISTEN TO THE EXPERTS: CHATOOR V HEALTH CARE COMPLAINTS COMMISSION OF NSW [2020] NSWCA 111 WHAT DO I DO IF THERE IS AN ACCIDENTAL BREACH OF MY PATIENT’S PRIVACY? ADVICE FOR HEALTH PRACTITIONERS AND ORGANISATIONS SWEARING OF AFFIDAVITS ACROSS AUSTRALIA – WHAT’S REQUIRED DURING THE COVID-19 PANDEMIC? HOW WILL LIABILITY INSURANCE RESPOND TO COVID-19? TAKING ACTION AGAINST HEALTH PRACTITIONERS IN THE “PUBLIC INTEREST” – TWO YEARS ON, HOW IS THE NEW IMMEDIATE ACTION POWER BEING APPLIED IN PRACTICE? PRIVATE HEALTH INSURER AUDITS – A REMINDER TO EXERCISE CAUTION AND TO ASK FOR HELP EMERGING INSURANCE ISSUES FROM COVID-19 CORONER’S FINDINGS EMPHASISE THE POTENTIAL RISKS OF RELYING ON TELEHEALTH WITHOUT IN-PATIENT REVIEW APPEAL SOFTENS THE BLOW FOR DEFENDANT FOLLOWING FALL FROM ‘AERIAL SLING’ AFCA DECISIONS: ONLINE INSURANCE PURCHASES, NON-DISCLOSURES AT INCEPTION OF POLICY A WARNING TO HEALTH PRACTITIONERS: IS YOUR PROFESSIONAL INDEMNITY INSURANCE IN PLACE? WESTERN AUSTRALIA: WHAT ARE THE MANDATORY REPORTING REQUIREMENTS FOR REGISTERED HEALTH PRACTITIONERS? USING THE NEW MBS TELEHEALTH ITEM NUMBERS TO CARE FOR PATIENTS FROM HOME? HERE ARE SOME OF THE RISKS AND LIMITATIONS FOR MEDICAL PRACTITIONERS A REMINDER ON SECTION 130 OF THE NATIONAL LAW: NOTIFY THE NATIONAL BOARDS OF ‘CERTAIN EVENTS’, OR FACE A POSSIBLE FINDING OF UNPROFESSIONAL CONDUCT RECENT APPLICATIONS IN PERSONAL INJURIES CLAIMS IMPACTED BY COVID-19 NATIONAL CODE OF CONDUCT FOR SME COMMERCIAL LEASES DURING COVID-19 WA HOSPITAL NEGLIGENT FOR NOT RECOGNISING SEPSIS IN INFANT BURNS PATIENT RESULTING IN IRREVERSIBLE BRAIN DAMAGE SUPREME COURT OF VICTORIA OPTS TO HEAR WOULD-BE JURY TRIAL BY JUDGE ALONE IN AN EFFORT TO KEEP THE WHEELS OF JUSTICE TURNING PROFESSIONAL SERVICES IN NEW SOUTH WALES – APPROVAL IS REQUIRED BUSHFIRE EMERGENCY DECLARATION A WRONGFUL BIRTH CASE STUDY: NOURI V AUSTRALIAN CAPITAL TERRITORY [2020] ACTCA 1 LEGAL REQUIREMENTS FOR DRONE OPERATION ARE SET TO WIDEN – WHAT DO YOU NEED TO KNOW? HEALTH PRACTITIONER SEEKS HELP FROM THE FEDERAL COURT TO UNCOVER IDENTITY OF NEGATIVE GOOGLE REVIEWER DENTIST SEEKS HELP FROM THE FEDERAL COURT TO UNCOVER IDENTITY OF NEGATIVE GOOGLE REVIEWER HELP! I’M BEING AUDITED AHPRA RELEASES REVISED GUIDELINES FOR MANDATORY NOTIFICATIONS ABOUT REGISTERED HEALTH PRACTITIONERS WHAT IS A DRONE? WHO CAN OWN AND OPERATE ONE? REGULATION OF UNREGISTERED HEALTH PRACTITIONERS IN WA – IS THE CURRENT SYSTEM ADEQUATE? AUDIO AND VIDEO RECORDS – ARE THEY LEGAL? LANDLORD AND AGENT – THE BUCK STOPS WHERE? SOUTORINE AND THE MEDICAL BOARD OF AUSTRALIA [2020] WASAT 5 A CASE STUDY IN CAUSATION SOCIAL MEDIA: WHAT’S OK – WHAT’S NOT OWING PRESCRIPTIONS – ARE YOU COURTING DANGER? CLAIMS AGAINST INTERNATIONAL AIRLINES PAYROLL TAX CLAMPDOWN ON HEALTHCARE CLINIC OPERATORS ELECTRONIC PRESCRIPTIONS GENERAL PRACTITIONER SUCCESSFULLY APPEALS NEGLIGENCE FINDING CORONER RECOMMENDS NEW STANDARD FOR IN PATIENT OBSERVATIONS VCAT CONFIRMS THAT DISCIPLINARY CONSEQUENCES MAY BEFALL PRACTITIONERS WHO TREAT THEIR OWN FAMILY A REMINDER ABOUT THE POTENTIAL STRENGTH OF ‘USUAL PRACTICE’ EVIDENCE INSURANCE, DRONES AND YOU. NURSE SLAMMED FOR PROFITING UNDER PATIENT’S WILL AND PRESSURING PEERS POWERFUL NEW SPORTS TRIBUNAL LEADS THE WAY IN BOLSTERING INTEGRITY IN AUSTRALIAN SPORT. WHY IS THIS IMPORTANT? HANDLING SENSITIVE HEALTH INFORMATION ABOUT PATIENTS AND CUSTOMERS – DO YOU UNDERSTAND YOUR OBLIGATIONS? YOU HAVE RECEIVED A NOTIFICATION – WHAT NOW? WHAT’S THE DAMAGE? RECENT TRENDS IN GENERAL DAMAGES AWARDS FOR PSYCHIATRIC INJURIES IN VICTORIA. WHAT HAPPENS TO HEALTHCARE COMPLAINTS IN WESTERN AUSTRALIA? STRIKING THE BALANCE: DO THE RECENT AMENDMENTS TO MANDATORY REPORTING OBLIGATIONS GO FAR ENOUGH? ASK FOR HELP, AND ASK EARLY – ADVICE FOR SURVIVING AN AHPRA NOTIFICATION A GIFT BEJEWELLED WITH RISK PHARMACY WORKPLACE RELATIONS – HOT TOPICS FAMILY DAY CARE – COMPLIANCE AND POLICIES AND PROCEDURES DIRECTORS’ DUTIES BE DATA SMART APPLICATIONS FOR NEW PBS APPROVALS OR RELOCATIONS OF EXISTING PBS APPROVALS CASE NOTE: BERGIN V QUEENSLAND CORK & TIMBER SOLUTIONS PTY LTD [2019] QDC 141 PROFESSIONAL MEDICAL ORGANISATIONS COLLABORATE TO HELP BRING CLARITY ON MEDICAL COSTS FOR PATIENTS STEROIDS AND HORMONE THERAPIES – OFF LABEL USE OR MISUSE/ABUSE? HOW MEDICAL PRACTITIONERS CAN MANAGE NEGATIVE ONLINE REVIEWS VICTORIAN VOLUNTARY ASSISTED DYING LEGISLATION COMES INTO FORCE IN JUNE SAFESCRIPT PROVIDES PRESCRIBERS AND PHARMACISTS WITH REAL TIME ACCESS TO THE PRESCRIPTION HISTORY OF THEIR PATIENTS FOR HIGH RISK MEDICINES. MEDICARE SHARED DEBT RECOVERY SCHEME TO SIGNIFICANTLY AFFECT RECOVERY OF INCORRECT MEDICARE BILLINGS FROM NEXT MONTH IMPORTANT INFORMATION FOR PROPERTY DEVELOPERS IN VICTORIA: STATE TAXATION ACTS AMENDMENT BILL 2019 POLICE IN VICTORIA AND WESTERN AUSTRALIA, TO SHARE INFORMATION WITH AHPRA PROFESSIONAL PERFORMANCE UNDER THE SPOTLIGHT | INQUIRY INTO THE ACTIONS OF THE REGULATOR AND LOCAL HEALTH DISTRICT NEW POWERS USED BY HEALTH COMPLAINTS COMMISSIONER TO STOP UNREGISTERED SERVICE PROVIDERS MAKING FALSE CLAIMS ASIC’S REGULATORY APPROACH TO ENFORCEMENT POST-HAYNE A REMINDER: CHILD CARE PROVIDERS IN VICTORIA, NOW SUBJECT TO THE VICTORIAN REPORTABLE CONDUCT SCHEME RESTRICTIONS ON THE USE AND DISCLOSURE OF CONFIDENTIAL COMMUNICATIONS BETWEEN A VICTIM OF SEXUAL ASSAULT AND TREATING HEALTH PRACTITIONERS SIX AXIOMS EMERGING FROM THE HAYNE REPORT CASE NOTE: CAFFREY V AAI LIMITED [2019] QSC 7 IS THE ‘IRRATIONAL’ EXCEPTION FEASIBLE? FEDERAL COURT CONFIRMS STRICT INTERPRETATION OF THE 80/20 RULE UNDER THE HEALTH INSURANCE ACT 1973 HOW CAN YOU TELL IF YOU HAVE BEEN GIVEN A FORGED PRESCRIPTION AND WHAT TO DO IF YOU HAVE MADE A MISTAKE? TELL THE CLIENT ASAP OR RISK A FINDING OF DECEIT SHARED DEBT RECOVERY SCHEME TO HOLD BOTH MEDICAL PRACTITIONERS AND EMPLOYING AND CONTRACTING ORGANISATIONS RESPONSIBLE FOR INCORRECT MEDICARE BILLING MY HEALTH RECORD: IMPORTANT INFORMATION FOR HEALTHCARE PROVIDERS STATUTORY PRIVILEGE DOES NOT PREVENT DISCLOSURE OF RECORDS IN VCAT PROCEEDINGS A GAME CHANGER FOR MUTUALS – NEW LAW EXPANDS CAPACITY TO RAISE CAPITAL WHAT ARE PHARMACISTS’ OBLIGATIONS WHEN SUPPLYING PSEUDOEPHEDRINE? NO PROFESSIONAL MISCONDUCT FINDING FOR GENERAL PRACTITIONER’S ‘GRAVE ERROR OF JUDGMENT’ PROFESSIONAL OPINIONS – HOW MUCH WEIGHT DO THEY CARRY? FINANCIAL SERVICES ROYAL COMMISSION – THE INTERIM REPORT – EMERGING REGULATORY THEMES PROFESSIONAL MISCONDUCT – FACT OR FICTION? ROYAL COMMISSION INTO AGED CARE QUALITY AND SAFETY CAN A LOSS OF SUPERANNUATION PENSION FORM PART OF A LOSS OF EARNING CLAIM FOR A RETIRED CLAIMANT? GETTING IT RIGHT – MEETING YOUR LEGAL AND PROFESSIONAL OBLIGATIONS IN ADVERTISING BOARD REMOVES LINKS TO PAST DISCIPLINARY DECISIONS – BUT NOT ALL OF THEM CHILD CARE SUBSIDY LAW– AN INTRODUCTION TO THE NEW MINISTER’S RULES AND SECRETARY’S RULES 2017 VIDEO: NEGLIGENCE IN RELATION TO ASBESTOS-CONTAMINATED WASTE CASE NOTE: YOUR ONUS OR MINE? HIGH STAKES FOR ORGANISATIONAL HEADS AS VICTORIA INTRODUCES NEW REQUIREMENTS AS PART OF REPORTABLE CONDUCT SCHEME UNFAIR CONTRACT TERMS: NOT IF BUT HOW PROVIDENT CAPITAL CLASS ACTION MEDICATION MISADVENTURE – METHOTREXATE: A REMINDER TO PHARMACISTS TO EXERCISE INDEPENDENT JUDGMENT ABOUT THE SAFETY OF A PRESCRIBED MEDICINE. THE DUTY OF CARE REQUIREMENT – NOT TO BE TAKEN FOR GRANTED PUTTING THE PAST BEHIND YOU? NOT ANY MORE, AS MEDICAL BOARD STARTS DISPLAYING LINKS TO OLD DISCIPLINARY DECISIONS ON THE NATIONAL REGISTER DUTY OF DISCLOSURE: YESTERDAY’S HERO? MISSING FAXED SCAN RESULT TRIGGERS THE CORONERS COURT TO CALL FOR ROBUST STANDARDS REGARDING THE COMMUNICATION OF RADIOLOGY RESULTS SPARKS V HOBSON; GRAY V HOBSON [2018] NSWCA 29: IS THIS A PRELUDE TO THE EXPANSION OF THE PEER PROFESSIONAL OPINION DEFENCE IN NSW? ‘SAFESCRIPT’ ROLL-OUT: AN UPDATE FOR PRACTITIONERS ON IMPORTANT REGULATORY CHANGES FROM 1 JULY 2018 WHAT TO CONSIDER WHEN YOU BUY A FITNESS FRANCHISE FAIR GO! ARE YOUR STANDARD CONTRACTS UNFAIR? ASSIGNING YOUR COMMERCIAL OR RETAIL LEASE CHARITIES UNCLEAR AND UNCERTAIN ABOUT DISCLOSURE OF POLITICAL DONATIONS AND EXPENDITURE ARE YOU PREPARED FOR THE MANDATORY DATA BREACH NOTIFICATION REGIME? RECENT TRENDS IN BUYING AND SELLING PHARMACIES PHARMACY FRANCHISE LAW – TIPS FOR FRANCHISEES MISUSE, INTERFERENCE OR LOSS OF PERSONAL INFORMATION BY PHARMACISTS – NEW MANDATORY NOTIFICATIONS FOR DATA BREACHES EXPANDING OR CONTRACTING YOUR PHARMACY? DON’T FORGET PHARMACY LOCATION RULE 121 UNFAIR DISMISSAL CLAIMS UNDER FIXED TERM CONTRACTS SHIFTING LANDSCAPE – INSURANCE LAW FIRMS ARE EXPERIENCING UNPRECEDENTED CHANGE AS THE SECTOR EVOLVES HOW AUSTRALIAN FINANCIAL COMPLAINTS AUTHORITY (AFCA) MAY IMPACT YOUR BUSINESS UNFAIR CONTRACT PROTECTIONS CAPTURE STANDARD CONTRACT LOANS TO SMALL BUSINESSES ARE FINANCIAL SERVICE PROVIDERS PREPARED FOR THE MANDATORY DATA BREACH NOTIFICATION REGIME? NSW HEALTH SERVICES ORGANISATIONS FACE KEY CHANGES TO ROOT CAUSE ANALYSIS PROCEDURES SUPREME COURT OF VICTORIA CONFIRMS AVAILABILITY OF STATUTORY PRIVILEGE OVER CLINICAL RECORDS IN VCAT NATIONAL REGISTRATION OF PARAMEDICS – MANDATORY NOTIFICATIONS: WHAT PARAMEDICS NEED TO KNOW ABOUT THEIR MANDATORY REPORTING OBLIGATIONS OVERHAUL GETS THE GO AHEAD FOR MANDATORY REPORTING LAWS REGARDING TREATING HEALTHCARE PROFESSIONALS INSURANCE BROKER REMUNERATION – 5 LEGAL CONSIDERATIONS MISLEADING ADVERTISING IN FINANCIAL SERVICES REFLECTIONS ON A RECENT EXPERIENCE WITH ‘HOT TUBBING’ IN THE CORONERS COURT OUTRAGE AS JUNIOR UK DOCTOR IS CONVICTED OF MANSLAUGHTER AND STRUCK OFF ACCEPTING GIFTS FROM PATIENTS – BEFORE YOU PARTAKE OF THAT BOTTLE OF WINE, STOP AND CONSIDER A FEW FACTORS VICTORIA TO ROLL OUT REAL-TIME PRESCRIPTION MONITORING SYSTEM IN 2018 MEDICAL BOARD SEEKS COMMUNITY INPUT ON REVISED SEXUAL BOUNDARIES GUIDELINES MERIDIAN LAWYERS BOLSTERS ITS PROPERTY AND COMMERCIAL LEASING PRACTICE IN SYDNEY MERIDIAN LAWYERS EXPANDS ITS INSURANCE TEAM AND FOOTPRINT FROM EAST TO WEST OUTSTANDING INSURANCE LAWYER ANDREW SHARPE TO JOIN MERIDIAN LAWYERS’ SYDNEY TEAM. NATIONAL REGISTRATION OF PARAMEDICS 2018 RELEASE OF INSURANCE IN SUPERANNUATION VOLUNTARY CODE OF PRACTICE CHANGES TO MEDICARE BENEFITS SCHEDULE ITEMS FOR SPINAL X-RAY SERVICES – WHY, HOW AND WHAT NOW? PROVING RESIDUAL WORKING CAPACITY: A DEFENDANT’S BURDEN TO BEAR CASE STUDY: PITFALLS OF CROSSING THE BOUNDARIES VIDEO: FUNDAMENTALS OF EFFECTIVE NEGOTIATION SWEEPING REFORMS IN VICTORIA PROPOSED TO LIFT HOSPITAL SAFETY MEDICAL BOARD REFORMS FOR OLDER MEDICAL PRACTITIONERS AND THOSE THE SUBJECT OF MULTIPLE COMPLAINTS VIDEO: NEGLIGENCE AND CONSENT IN THE MEDICAL PROFESSION LANDMARK ADVERTISING FINE WARNS THAT THE TIGER HAS TEETH PI COVER FOR AFS LICENSEES – CHECK YOUR COVER AS NOT ALL PI POLICIES HAVE THE SAME COVER STANDARD CONTRACT TERMS AND CONDITIONS FOR DERIVATIVES TRADING AND BROKER RIGHTS NEW LEGISLATION INTRODUCES BAN ON EXCESSIVE PAYMENT SURCHARGES EXPANDED PROTECTION FOR WHISTLEBLOWERS IN CORPORATE, FINANCIAL AND CREDIT SECTORS INCLUDING TAX MISCONDUCT PUT IT IN WRITING: TOOLS TO PROTECT AND ENFORCE MINORITY SHAREHOLDER RIGHTS (PART 2) HOW TO AVOID COPYRIGHT INFRINGEMENT HOW FIT ARE YOU, LEGALLY? INCREASED POWERS OF THE FAIR WORK OMBUDSMAN – IS YOUR BUSINESS VULNERABLE? PARTNERSHIP AGREEMENTS – DO YOU HAVE ONE AND IS IT UP TO DATE? IS IT A DISPUTE WAITING TO HAPPEN? NATIONAL BOARDS ARMED WITH NEW PUBLIC INTEREST POWER TO TAKE IMMEDIATE ACTION AGAINST HEALTH PRACTITIONERS NATIONAL REGISTRATION OF PARAMEDICS – REGISTRATION STANDARDS MASSIVE PRIVACY BREACH: A LESSON IN USING THIRD PARTY WEB SERVICE PROVIDERS WRIGHT AND WRONG CROWD-SOURCED FUNDING FOR START-UPS AND SMES – OFFERING SHARES TO RETAIL INVESTORS PROPOSED NEW INSURANCE CODE OF PRACTICE FOR SUPERANNUATION TRUSTEES “CHECK, CORRECT, CHANGE” GUIDANCE PUBLISHED BY AHPRA A WELCOME RESOURCE FOR PRACTITIONERS SEEKING CLARITY IN ADVERTISING REGULATION SIGNIFICANT $1.3M PAYOUT WARNS EMPLOYERS TO TAKE EMPLOYEE BULLYING COMPLAINTS SERIOUSLY PHARMACY INSIGHTS – SPRING 2017 DISCLOSURE OF CONFIDENTIAL GENETIC INFORMATION TO RELATIVES A REMINDER FOR PHARMACISTS: EXERCISE CAUTION WHEN DISPENSING SCHEDULE 3 POISONS COURT’S DISDAIN FOR DISABILITY CLAIM 70 YEARS IN THE MAKING: THE CIVIL LIABILITY (THIRD PARTY CLAIMS AGAINST INSURERS) ACT 2017 NATIONAL REGISTRATION OF PARAMEDICS FINALISTS IN INFOTRACK CLIENT CENTRICITY AWARDS FOR SECOND YEAR MEDIA RELEASE: MERIDIAN BOOSTS HEALTH LAW EXPERTISE ACCC INCREASES FRANCHISOR SCRUTINY PUT IT IN WRITING: TOOLS TO PROTECT AND ENFORCE MINORITY SHAREHOLDER RIGHTS ‘PHILLIPS ARRANGEMENTS’: IT MAY BE TIME TO REVIEW YOUR SERVICE COMPANY ARRANGEMENTS NSW LANDLORDS AND TENANTS AFFECTED BY CHANGES TO THE RETAIL LEASES ACT CHOOSING THE RIGHT NOT-FOR-PROFIT STRUCTURE MEDIA RELEASE: INSURANCE TEAM AND MANAGING PRINCIPAL SHORTLISTED FOR PRESTIGIOUS INDUSTRY AWARDS WHEN IS A DUTY OF CARE OWED IN MENTAL HARM CLAIMS? VETS MUST BE VIGILANT TO AVOID LEGAL ACTION HOW LONG MUST YOU RETAIN CHILD CARE RECORDS IN VICTORIA? WHAT DOES MANDATORY REPORTING MEAN FOR EARLY CHILD CARE WORKERS? BEWARE OF ALTERED, FORGED OR FRAUDULENT PRESCRIPTIONS: A REMINDER FOR PHARMACISTS DEALING WITH COMPLEX FACTS IN ASSESSING CONTRIBUTION FOR AN ASBESTOS EXPOSURE INJURY AMENDMENT OF SERVICE APPROVALS – YOUR OPTIONS IF YOU ARE REFUSED PROPOSED CHANGES TO NATIONAL QUALITY FRAMEWORK CHOOSING THE RIGHT BUSINESS STRUCTURE FOR YOUR CHILD CARE SERVICE FAMILY DAY CARE LAW: AVOIDING BREACHES OF THE NATIONAL LAW AND REGULATIONS BRAND LOYALTY IN PROFESSIONAL INDEMNITY INSURANCE: RISKS OF SHIFTING INSURANCE COVER THE INSURER STRIKES BACK GENERAL INSURERS NEED TO BE EVER MINDFUL OF BEST PRACTICE ADVERTISING DENTAL INSIGHTS: IS YOUR RADIOLOGY EQUIPMENT REGISTERED AND YOUR RADIOLOGY LICENCE UP-TO-DATE? ATTEMPTED MURDER DURING OFFSITE TRAINING: IS THE OCCUPIER LIABLE FOR PSYCHIATRIC INJURY? FINALIST IN LAWYERS WEEKLY PARTNER OF THE YEAR AWARDS A REMINDER TO ENSURE THE DENTAL JUSTIFICATION FOR TREATMENT PLAN IS CLEARLY RECORDED PHARMACY SALE AND PURCHASE TRENDS DURING 2016: ASSIGNMENT OF LEASES REAL-TIME PRESCRIPTION MONITORING: WHAT DOES IT MEAN FOR HEALTH PRACTITIONERS? MERIDIAN LAWYERS SUCCESSFUL IN LONG-RUNNING PROFESSIONAL NEGLIGENCE CASE TRENDS IN BUSINESS SALES AND PURCHASES: ASSIGNMENT OF LEASES CHOOSING THE RIGHT BUSINESS STRUCTURE ABOLITION OF STAMP DUTY ON PURCHASE OF BUSINESS ASSETS IN NEW SOUTH WALES IS BIG BROTHER WATCHING? SUCCESSION PLANNING FOR YOUR PARTNERSHIP SELLING A VETERINARY PRACTICE SUCCESSION PLANNING FOR YOUR PARTNERSHIP AWB: THE NEXT INSTALMENT… MERIDIAN LAWYERS’ NEW YEAR PROMOTIONS WHAT DO I NEED TO KNOW ABOUT THE NEW HEALTH COMPLAINTS ACT 2016 (VIC)? HAVE YOU PLANNED YOUR PARTY PROPERLY? ARE YOU SELLING A CHILD CARE BUSINESS? WHAT TO DO IF YOUR SERVICE APPROVAL HAS BEEN SUSPENDED OR CANCELLED ADVERTISING: A TIMELY REMINDER THE DUTY OF CARE OWED BY A PRINCIPAL CONTRACTOR – IS IT DELEGABLE? MERIDIAN LAWYERS’ BOOSTS MELBOURNE INSURANCE TEAM WITH NEW PRINCIPAL HOW WILL TECHNOLOGY CHANGE THE TYPES OF CLAIMS WE SEE IN THE FUTURE? GAME OF DRONES: NEW RULES, NEW CHALLENGES WHEN HAS AN OBLIGATION TO OBTAIN INFORMED CONSENT BEEN DISCHARGED? VIDEO: NEGOTIATING AND EVIDENCE OF A LEGAL RETAINER CERTAIN CONTRACTUAL INDEMNITIES VOID IN QUEENSLAND INJURY CLAIMS – SOME TRAPS FOR BROKERS WOMEN IN LAW AWARDS FINALIST: MENTOR OF THE YEAR MERIDIAN LAWYERS WINS PRESTIGIOUS AWARD MANAGING PARTNER PAUL BAKER FINALIST IN AUSTRALIAN LAW AWARDS IS THIS THE END TO USING CONTRACTUAL INDEMNITIES TO APPORTION LIABILITY FOR WORKERS’ INJURIES? INSURANCE INSIGHTS: THE PITFALLS OF LENDING A HELPING HAND TACKLING TARDINESS HIGH COURT WIN: FINDING REMINDS COURTS OF APPEAL OF THEIR LIMITS DOING THE RIGHT THING: COMPLYING WITH FAMILY ASSISTANCE LAW FOR FAMILY DAY CARE LOWERING OF TWO KEY WRONGS ACT THRESHOLDS IN VICTORIA HOLDING NURSES TO ACCOUNT: AHPRA NOTIFICATIONS, INVESTIGATIONS, PROCESSES AND OUTCOMES AUSTRALASIAN LAW MANAGEMENT JOURNAL: Q&A WITH PAUL BAKER MOURNING THE LOSS OF OUR COLLEAGUE AND COLLABORATOR – ASHLEY JONES, PRINCIPAL AT MERIDIAN LAWYERS, BRISBANE DRONES – FRIEND OR FOE FOR UNDERWRITERS? SELLING YOUR BUSINESS? DON’T FORGET AN IMPORTANT ASSET – YOUR EMPLOYEES! ‘BUT HOW CAN I NOTIFY MY INSURER? ALL THE DETAILS ARE PRIVATE’ PHARMACY LOCATION RULES: WHO ARE ‘PERSONS AGGRIEVED’ BY NEW APPROVALS? NUROFEN SPECIFIC PAIN CLAIMS: FEDERAL COURT FINDS MISLEADING CONDUCT ONLINE PHARMACY RETAILER PAYS $32,400 FOR MISLEADING PRODUCT PRICING AIM FOR A PAIN-FREE GOODBYE WHAT DOES A ‘PROFESSIONAL SERVICE’ MEAN IN THE CONTEXT OF A D&O POLICY EXCLUSION CLAUSE? THE CHANGING STATE OF PLAY: THE NATURAL EVOLUTION OF THE PROFESSIONAL REGULATION OF PHARMACY STORAGE AND PRESCRIBING OF MEDICATION IN THE DENTAL SURGERY STRIKING THE RIGHT BALANCE: GENDER DIVERSITY AND FLEXIBILITY FAST-TRACKED ORTHODONTIC TREATMENTS GIVE RISE TO INFORMED CONSENT AND SCOPE OF PRACTICE ISSUES MERIDIAN’S EMPLOYMENT PRINCIPAL ELECTED ALERA PRESIDENT MERIDIAN LAWYERS ASSISTS WITH NAPSA’S CONSTITUTION OVERHAUL FORESIGHTS: PUBLIC LIABILITY FORESIGHTS: RECENT CASE RULINGS CHALLENGE THE STATUS QUO SCHEDULE 8 MEDICATIONS: A DISTURBING TREND IN STORAGE AND RECORD KEEPING AHPRA EXTENDS ITS REACH TO SOCIAL MEDIA A REMINDER OF WHAT IS NOTIFIABLE CONDUCT, AND THE CONSEQUENCES OF FAILING TO NOTIFY QUEENSLAND TO REMOVE 5% PERMANENT IMPAIRMENT THRESHOLD FOR WORKERS SEEKING DAMAGES RECENT COURT OF APPEAL DECISION CONFIRMS BREADTH OF ADVOCATE’S IMMUNITY POWER COUPLE ACCC GIVEN GREATER POWERS TO ENFORCE NEW FRANCHISING CODE OF CONDUCT THE BROADENING SHADOW OF SECTION 54 NEW OFFICE AIMS TO IMPROVE JOHNSON V TRIPLE C PROCESS IN QUEENSLAND WATCH OUT FOR THAT LAST STEP CHANGES PROPOSED TO END MANDATORY INQUESTS INTO DEATHS IN CUSTODY THE DENTIST AS AN INDEPENDENT EXPERT WITNESS POSITIVE PARTNERSHIPS: THE COMFORTS OF A GOOD PARTNERSHIP AGREEMENT BUBBLE, BUBBLE, TOIL AND TROUBLE FOR PLAINTIFFS BUYING AND SELLING DENTAL PRACTICES MERIDIAN LAWYERS NABS HIGH PROFILE INSURANCE LAWYER EMPLOYMENT RELATIONS PRINCIPAL JOINS MERIDIAN TEAM ENDEAVOURS TO RESOLVE THE DEBATE KEEPING YOUR WEBSITE UP-TO-DATE AND ACCURATE CORPORATE GOVERNANCE UPDATE: ASX RULES CREDIT REPORTING REGIME UNDER THE PRIVACY ACT HAS A NEW BITE SPOTLIGHT ON FITNESS: AN OVERVIEW OF AUSTRALIAN CONSUMER LAW THE COST OF DOING BUSINESS: AN OPEN AND SHUT CASE FOR A CHILD CARE CENTRE BEST LAWYERS RECOGNISES LEADING INSURANCE LAWYER HIGH COURT DETERMINES THAT DAMAGES ARE NOT CAPPED PHARMACY ALERT: MAINTAINING SCRIPT CERTIFICATIONS CONSIDER THESE FUNDAMENTALS BEFORE PURCHASING A PROFESSIONAL PRACTICE THINKING OF BUYING A FRANCHISE? RETAIL SHOP LEASES: YOUR RIGHTS AS A TENANT PITFALLS OF GROUP BUYING ADVERTISING FOR HEALTH PRACTITIONERS IS THIS THE END OF YOUR LEASE? INSURING BUILDERS: CLAIMS BY SUBSEQUENT OWNERS TAKING THE ‘LITERAL’ OR ‘INTENDED’ MEANING: HIGH COURT RESERVES JUDGMENT PERSONAL TRAINERS: DON’T SWEAT THE LEGAL SMALL PRINT MEDICO-LEGAL ISSUES FOR RADIOGRAPHERS AHPRA AUDITS: TIPS FOR REGISTERED HEALTH PROFESSIONALS JOINT STATEMENT ON DENTAL AUDITS: ADA, GUILD INSURANCE AND MERIDIAN LAWYERS PRIVACY, LEGAL LIABILITY AND THE PHARMACIST FITNESS INSTRUCTORS, SQUATS AND WAIVERS EMPLOYMENT INSIGHTS: FAIR WORK COMMISSION LAYS DOWN SOME MARKERS ON BULLYING HEALTH PROFESSIONALS: ARE YOU COMPLYING WITH YOUR OBLIGATIONS? GOVERNMENT ROLLS OUT LIVING LONGER, LIVING BETTER AGED CARE PACKAGE HOW HEALTHY IS YOUR RELATIONSHIP WITH YOUR BUSINESS PARTNERS? STRATEGIC SHAREHOLDING AGREEMENT WITH STEADFAST GROUP LEGAL ISSUES: WHAT SHOULD A PHYSIOTHERAPIST DO WHEN… BIOSECURITY GUIDELINES: DO THEY POSE AN INCREASED LEGAL RISK TO VETERINARIANS? E-HEALTH: A NEW FRONTIER FOR HEALTH PRACTITIONERS INFECTIOUS DISEASES & CHILD CARE: WHAT ABOUT STAFF MEMBERS? NSW PERSONAL INJURY COMMISSION UPDATE PRIVACY AWARENESS WEEK 2024 | UNDERSTANDING TRANSPARENCY, ACCOUNTABILITY AND SECURITY THE CASE AGAINST CHATGPT: WARNINGS AGAINST AN AI-GENERATED TESTIMONY A SECTOR PRICED OUT | FINDINGS FROM THE AGED CARE TASKFORCE’S FINAL REPORT LEGAL ESSENTIALS FOR BUYING A DENTAL PRACTICE SELLING YOUR DENTAL PRACTICE: LEGAL TIPS FOR MAXIMISING YOUR OUTCOMES CASE NOTE | INSURER REMEDIES FOR FALSE AND MISLEADING STATEMENTS CASE NOTE | GRAVEL POSES AN ‘OBVIOUS RISK’- MIND YOUR STEP! PHARMACY | DATA BREACHES AND PRIVACY – HOW TO SAFEGUARD YOUR BUSINESS’S FUTURE SUCCESS CASE NOTE | AN INTERLOCUTORY ODYSSEY OF NON-COMPLIANCE – DANKERS V VOLUNTEER MARITIME RESCUE NSW [2023] ACTSC 395 SELLING YOUR MEDICAL PRACTICE: LEGAL TIPS FOR MAKING IT A PAIN-FREE PROCESS DISPENSING WITH INAPPROPRIATE BEHAVIOUR – A GUIDE FOR PHARMACISTS CASE NOTE | BARKING UP THE WRONG TREE – COUNTY COURT OF VICTORIA FINDS DOG ATTACK NOT SUFFICIENTLY CONNECTED WITH INSURED’S BUSINESS CASE NOTE | FIRST IN, NOT NECESSARILY BEST DRESSED? VICTORIAN COURT OF APPEAL ALLOWS MULTIPLE MEDICAL PANEL DETERMINATIONS, SETTING ASIDE THE ROSATA DECISION CASE NOTE | WHEN TO PLAY THE BLAME GAME: ALLEGATIONS OF CONTRIBUTORY NEGLIGENCE IN THE ACT – WILSON V AUSTRALIAN CAPITAL TERRITORY [2023] ACTSC 287 CASE NOTE | THE SUPREME COURT OF QUEENSLAND AGAIN ORDERS A PERMANENT STAY OF PROCEEDINGS IN A CHILD ABUSE CLAIM, MEANWHILE THE HIGH COURT OF AUSTRALIA OVERTURNS ONE CASE NOTE | PERSUASIVE EVIDENCE OF PREJUDICE – A MUST WHEN RESISTING AN EXTENSION OF TIME APPLICATION TO ISSUE PROCEEDINGS CASE NOTE | AN ERROR IN METHOD ALONE IS NOT A ‘SHAW THING’ ON REVIEW CASE NOTE | PROCEDURAL FAIRNESS REQUIRES DECISION MAKERS TO ENSURE THOSE AFFECTED BY THEIR DECISIONS ARE FULLY AWARE OF RELEVANT DISTINCTIONS CASE NOTE | “OBVIOUS RISK” A KEY CONSIDERATION IN PERSONAL INJURY CASES PHARMACY LOCATION RULES – UNDERSTANDING THE PROCESS FOR PBS APPROVAL IN LARGE MEDICAL CENTRES CYBER SECURITY AWARENESS MONTH – ARE YOU CYBER AWARE? CASE NOTE | NSW SUPREME COURT REAFFIRMS EXPERT WITNESSES ARE IMMUNE FROM SUIT CASE NOTE | SURGERY DOES NOT, OF ITS OWN, TRANSFORM A THRESHOLD INJURY INTO A NON-THRESHOLD INJURY UNDER MAIA CASE NOTE | RES IPSA LOQUITOR IS AN INFERENTIAL REASONING PROCESS AVAILABLE TO BOTH INSURERS AND CLAIMANTS BUYING AND SELLING A PHARMACY | WHY IT MAKES GOOD BUSINESS SENSE TO PARTNER WITH A LAWYER CAN A PATIENT UNDER 18 PROVIDE INFORMED CONSENT? ACT COURT OF APPEAL OVERTURNS ONEROUS DUTY FINDING CONFIRMING THAT THERE IS NO GENERAL DUTY ON A GP TO FOLLOW-UP OR ESCALATE REFERRALS “PROPERTY DAMAGE” – SOUNDS SIMPLE, RIGHT? DEAL OR NO DEAL: FROM HANDSHAKES, HEADS OF AGREEMENT TO CONTRACTS – WHAT’S LEGALLY BINDING, AND WHAT’S NOT? SHOW CAUSE NOTICES ISSUED TO CHILDCARE PROVIDERS: DO YOU UNDERSTAND YOUR OBLIGATIONS? 21ST BIRTHDAY PARTIES AREN’T DEAD, LONG LIVE THE PARTY! CONVICTED HEALTH PROFESSIONALS MAY FACE REGISTRATION SUSPENSION PAYROLL TAX CONCERNS FOR MEDICAL AND ALLIED HEALTH PRACTICES PRIVACY AWARENESS WEEK 2023 ARE THE AUSTRALIAN PRIVACY REFORMS ON YOUR RADAR? INDUSTRY UPDATE: INCREASE IN MONETARY JURISDICTIONAL LIMITS OF THE DISTRICT COURT OF NSW PHARMACY SALE AND PURCHASE UPDATE NEW ERA FOR THE COSTING OF COUNTY COURT AND SUPREME COURT CLAIMS A CHANGE OF HEART ON INDEMNITY | A LANDMARK HIGH COURT DECISION FOR INSURERS COLLABORATIVE ARRANGEMENTS BETWEEN MEDICAL PRACTITIONERS AND ELIGIBLE NURSE PRACTITIONERS AND ELIGIBLE MIDWIVES HIGH COURT OF AUSTRALIA GRANTS APPLICATION FOR SPECIAL LEAVE TO APPEAL A DECISION TO PERMANENTLY STAY PROCEEDINGS INVOLVING HISTORICAL CHILD SEXUAL ABUSE INSURER PERMITTED TO INVOKE PROFESSIONAL LIABILITY EXCLUSION CLAUSE FOR QUEENSLAND FLOODING CLASS ACTION VICTORIA HEALTH SERVICES: ARE YOU PREPARED FOR THE STATUTORY DUTY OF CANDOUR? PURSUING PERSONAL ADVANTAGE: AN AGE OLD STORY AGREEMENT TO MEDIATE… ARE YOU CERTAIN? NEW REGULATIONS ARE NOW IN FORCE FOR ALL HEALTH PRACTITIONERS AND ORGANISATIONS IN NSW REGULATION OF EDUCATION AND CARE PROVIDERS: THE DEPARTMENT OF COMMUNITIES IN WA TAKES A STRICTER APPROACH TO COMPLIANCE ACTIONS WILLMOT V STATE OF QUEENSLAND [2022] QSC 167 ONLINE REVIEWS & DEFAMATION VETERINARY PRACTICE IN WA: SIGNIFICANT CHANGES TO THE REGULATORY FRAMEWORK THE PRIVACY LANDSCAPE IN AUSTRALIA FOLLOWING THE INTRODUCTION OF THE NOTIFIABLE DATA BREACHES (NDB) SCHEME IN 2018 MEDICAL BOARD OF AUSTRALIA AND TAN [2022] WASAT 57 ALL IN THE MIND OF THE INSURED – SUBJECTIVE TEST CONFIRMED FOR BREACH OF CONDITION TO TAKE REASONABLE PRECAUTIONS KEEPING AN EYE OUT: TAKING REASONABLE PRECAUTIONS TO PREVENT A RISK OF HARM MATERIALISING GRAVEL IS SLIPPERY – ISN’T THAT OBVIOUS? MIND YOUR PS AND SAFETY FIRST! THE IMPORTANCE OF HEALTH PRACTITIONERS’ COMPLIANCE WITH PUBLIC HEALTH POLICIES AND DIRECTIONS HELP, MY EMPLOYER IS SUING ME FOR NEGLIGENCE! COMPLEX COMPOUNDING – HOW DOES A PHARMACIST PROVE COMPETENCY? PROPOSED REFORMS TO STRENGTHEN THE UNFAIR CONTRACT TERM REGIME IN STANDARD FORM CONTRACTS UNDER THE AUSTRALIAN CONSUMER LAW NEW FRANCHISE DISCLOSURE REGISTER PRIVACY AWARENESS WEEK | 2 – 8 MAY 2022 CAN MY REPLACEMENT VEHICLE BE A BEAMER? DAMAGES FOR LOSS OF USE FOR TORTIOUS DAMAGE TO PROPERTY A CAUTIONARY NOTE TO ALL HEALTH PRACTITIONERS: DON’T BE CAUGHT OUT BY SECTION 130 OF THE NATIONAL LAW! UK: COURT OF APPEAL OVERTURNS CONTROVERSIAL FINDING THAT UNDER-16S CANNOT GIVE INFORMED CONSENT TO TREATMENT WITH PUBERTY BLOCKERS FOR GENDER DYSPHORIA UNITED KINGDOM HIGH COURT CONSIDERS CLAIM FOR DISCRIMINATION BY ABORTION LAWS TO PEOPLE WITH DOWN’S SYNDROME 7-ELEVEN IN BREACH OF PRIVACY LAWS OVER SURVEY COLLECTING FACIAL IMAGES NEW DIRECTOR IDENTIFIER NUMBER REGIME NOW MANDATED FOR ALL DIRECTORS DO YOU REALLY NEED A COPY OF MY COVID-19 VACCINATION CERTIFICATE? NCAT OVERTURNED MEDICAL COUNCIL’S DECISION TO SUSPEND MEDICAL STUDENT’S LICENCE MEDICAL MANAGEMENT PLANS FOR CHILDREN AND YOUR SYSTEM OF GOVERNANCE VETERINARY PRACTICE IN WA: PROPOSED AMENDMENTS TO THE CURRENT REGULATORY FRAMEWORK DANGERS OF ADOPTING BRANDING INCLUDING A GEOGRAPHIC REFERENCE DO YOU SEND PERSONAL INFORMATION OFFSHORE? PHARMACISTS: ARE YOU READY FOR THE COVID-19 VACCINE ROLLOUT? ACCC ALLEGES SMILEDIRECTCLUB MISLED CONSUMERS REGARDING HEALTH INSURANCE REIMBURSEMENTS FOR CLEAR TEETH ALIGNERS MODERN SLAVERY: NEW GUIDE RELEASED FOR THE FINANCIAL SERVICES SECTOR HIGH COURT AFFIRMS PARENTS CAN CONSENT TO PUBERTY BLOCKERS ON BEHALF OF THEIR CHILDREN REAL TIME PRESCRIPTION MONITORING: ASSISTING PRACTITIONERS TO MAKE BETTER INFORMED PRESCRIBING DECISIONS THE COLLECTIVE BARGAINING CLASS EXEMPTION FOR SMALL BUSINESSES IS NOW IN EFFECT PITFALLS OF PROMOTING HEALTH SERVICES ON SOCIAL MEDIA EXTENDED POWERS OF HCC INCLUDE INVESTIGATING COMPLAINTS INCIDENTAL TO THE PROVISION OF HEALTH SERVICES GENDER DYSPHORIA AND CHILDREN: LESSONS FROM R V TAVISTOCK VCAT CONFIRMS COAG MINISTERIAL DIRECTION 2019-1 NOT BINDING ON TRIBUNALS HEALTH COMPLAINTS ACT 2016 (VIC) – DOES IT REALLY APPLY TO ME? IMPORTANT IMPLICATIONS FOR REGISTERED HEALTH PROFESSIONALS EMPLOYED BY BODIES CORPORATE IN VICTORIA MAKE PRIVACY A PRIORITY, TODAY AND EVERY DAY THE DOS AND DON’TS OF COVID-19 VACCINE PROMOTION DANGERS IN NEGOTIATING COMMERCIAL AGREEMENTS THE IMPORTANCE OF AN UP TO DATE AND RELEVANT SHAREHOLDERS’ AGREEMENT NEW DISCLOSURE OBLIGATIONS IN NEW SOUTH WALES REQUIRE INCREASED TRANSPARENCY WITH CONSUMERS DEFAMATION – BE CAREFUL WHAT YOU POST ON SOCIAL MEDIA RETAILERS BEWARE OF ADVERTISING FALSE PROMOTIONS HOW THE CHANGING DEFINITION OF “CONSUMER” UNDER THE AUSTRALIAN LAW MAY AFFECT YOU USE OF ELECTRONIC SIGNATURES – A CAUTIONARY NOTE CLIPPING THE WINGS OF PHOENIX ACTIVITY: NEW REQUIREMENTS FOR RESIGNING DIRECTORS STATUTORY DEMANDS – BACK TO BEING AN EFFECTIVE MEANS OF COLLECTING DEBT FROM A CORPORATE DEBTOR THE VALUE OF A PHARMACY PARTNERSHIP OR SHAREHOLDER AGREEMENT COMMERCIAL OCCUPIERS: WHAT IS EXPECTED OF THEM TO KEEP PREMISES SAFE? CHANGES TO ACNC GOVERNANCE STANDARDS DO YOUR STAFF MEMBERS UNDERSTAND THEIR OBLIGATIONS REGARDING THE HANDLING AND STORAGE OF PERSONAL INFORMATION? PRIVACY AND EXTERNAL DISPUTE RESOLUTION SCHEMES: LIMITATIONS FOR HEALTHCARE CREDIT PROVIDERS FUTURE DIRECTIONS FOR THE CONSUMER DATA RIGHT MAJOR INSOLVENCY LAW REFORM ENACTED DOES YOUR DOMAIN NAME MEET THE NEW TRADE MARK ELIGIBILITY RULES? WAIVERS AND EXTREME SPORTS REINSTATEMENT OF THRESHOLDS AND OTHER FIRB CHANGES NEW AND EXPANDED AHPRA ADVERTISING GUIDELINES: A WELCOME AID TO COMPLIANCE HOW SMALL BUSINESSES CAN UTILISE THE ACCC’S NEW COLLECTIVE BARGAINING CLASS EXEMPTION ARE ALL ACTIVITIES PERFORMED IN A GYM RECREATIONAL? THE COURT SAYS NO. IN ACCOMMODATION SETTINGS, DOES ‘SLIPPERY WHEN WET’ MEAN LIABLE? NEW ZEALAND’S PRIVACY ACT OVERHAUL A CASE SCENARIO ON PATIENT PRIVACY – CAN I DISCUSS A DECEASED PATIENT’S CARE WITH THEIR FAMILY MEMBERS? A CASE SCENARIO ON DEATH CERTIFICATES – WHO CAN SIGN THEM AND WHEN? FEDERAL COURT OF AUSTRALIA CONFIRMS PROFESSIONAL SERVICES REVIEW (PSR) HAS THE POWER TO ORDER PART REPAYMENTS CORONERS COURT DIRECTIONS HEARINGS NOW REQUIRED WITHIN 28 DAYS FOR MANDATORY INQUEST DEATHS NO HALF DOSES IN PHARMACY OWNERSHIP VCAT UPHOLDS USE OF IMMEDIATE ACTION POWER TO SUSPEND DOCTOR OVER SOCIAL MEDIA USE UK HIGH COURT APPLIES ESTABLISHED DUTY OF CARE PRINCIPLES TO LEGALISE PROFESSIONAL GUIDANCE WHICH PERMITS DISCLOSURE OF CONFIDENTIAL INFORMATION TO A PROXIMATE THIRD PARTY WITHOUT CONSENT PHARMACY RELOCATION – TIPS FOR NAVIGATING THE CRITICAL STEPS KEY INSIGHTS FROM JULY 2020 OAIC NOTIFIABLE DATA BREACHES REPORT THREE YEARS ON FROM THE CHAPERONE REVIEW, AHPRA CELEBRATES CHANGES TO THE REGULATORY LANDSCAPE OF SEXUAL BOUNDARIES NOTIFICATIONS ACCIDENTALLY SENDING AN EMAIL TO THE WRONG EMAIL ADDRESS CAN COST YOU SAFE SLEEP AND REST POLICIES PROFESSIONAL SERVICES REVIEW (PSR) LAUNCHES TELEHEALTH REVIEW LISTEN TO THE EXPERTS: CHATOOR V HEALTH CARE COMPLAINTS COMMISSION OF NSW [2020] NSWCA 111 WHAT DO I DO IF THERE IS AN ACCIDENTAL BREACH OF MY PATIENT’S PRIVACY? ADVICE FOR HEALTH PRACTITIONERS AND ORGANISATIONS SWEARING OF AFFIDAVITS ACROSS AUSTRALIA – WHAT’S REQUIRED DURING THE COVID-19 PANDEMIC? HOW WILL LIABILITY INSURANCE RESPOND TO COVID-19? TAKING ACTION AGAINST HEALTH PRACTITIONERS IN THE “PUBLIC INTEREST” – TWO YEARS ON, HOW IS THE NEW IMMEDIATE ACTION POWER BEING APPLIED IN PRACTICE? PRIVATE HEALTH INSURER AUDITS – A REMINDER TO EXERCISE CAUTION AND TO ASK FOR HELP EMERGING INSURANCE ISSUES FROM COVID-19 CORONER’S FINDINGS EMPHASISE THE POTENTIAL RISKS OF RELYING ON TELEHEALTH WITHOUT IN-PATIENT REVIEW APPEAL SOFTENS THE BLOW FOR DEFENDANT FOLLOWING FALL FROM ‘AERIAL SLING’ AFCA DECISIONS: ONLINE INSURANCE PURCHASES, NON-DISCLOSURES AT INCEPTION OF POLICY A WARNING TO HEALTH PRACTITIONERS: IS YOUR PROFESSIONAL INDEMNITY INSURANCE IN PLACE? WESTERN AUSTRALIA: WHAT ARE THE MANDATORY REPORTING REQUIREMENTS FOR REGISTERED HEALTH PRACTITIONERS? USING THE NEW MBS TELEHEALTH ITEM NUMBERS TO CARE FOR PATIENTS FROM HOME? HERE ARE SOME OF THE RISKS AND LIMITATIONS FOR MEDICAL PRACTITIONERS A REMINDER ON SECTION 130 OF THE NATIONAL LAW: NOTIFY THE NATIONAL BOARDS OF ‘CERTAIN EVENTS’, OR FACE A POSSIBLE FINDING OF UNPROFESSIONAL CONDUCT RECENT APPLICATIONS IN PERSONAL INJURIES CLAIMS IMPACTED BY COVID-19 NATIONAL CODE OF CONDUCT FOR SME COMMERCIAL LEASES DURING COVID-19 WA HOSPITAL NEGLIGENT FOR NOT RECOGNISING SEPSIS IN INFANT BURNS PATIENT RESULTING IN IRREVERSIBLE BRAIN DAMAGE SUPREME COURT OF VICTORIA OPTS TO HEAR WOULD-BE JURY TRIAL BY JUDGE ALONE IN AN EFFORT TO KEEP THE WHEELS OF JUSTICE TURNING PROFESSIONAL SERVICES IN NEW SOUTH WALES – APPROVAL IS REQUIRED BUSHFIRE EMERGENCY DECLARATION A WRONGFUL BIRTH CASE STUDY: NOURI V AUSTRALIAN CAPITAL TERRITORY [2020] ACTCA 1 LEGAL REQUIREMENTS FOR DRONE OPERATION ARE SET TO WIDEN – WHAT DO YOU NEED TO KNOW? HEALTH PRACTITIONER SEEKS HELP FROM THE FEDERAL COURT TO UNCOVER IDENTITY OF NEGATIVE GOOGLE REVIEWER DENTIST SEEKS HELP FROM THE FEDERAL COURT TO UNCOVER IDENTITY OF NEGATIVE GOOGLE REVIEWER HELP! I’M BEING AUDITED AHPRA RELEASES REVISED GUIDELINES FOR MANDATORY NOTIFICATIONS ABOUT REGISTERED HEALTH PRACTITIONERS WHAT IS A DRONE? WHO CAN OWN AND OPERATE ONE? REGULATION OF UNREGISTERED HEALTH PRACTITIONERS IN WA – IS THE CURRENT SYSTEM ADEQUATE? AUDIO AND VIDEO RECORDS – ARE THEY LEGAL? LANDLORD AND AGENT – THE BUCK STOPS WHERE? SOUTORINE AND THE MEDICAL BOARD OF AUSTRALIA [2020] WASAT 5 A CASE STUDY IN CAUSATION SOCIAL MEDIA: WHAT’S OK – WHAT’S NOT OWING PRESCRIPTIONS – ARE YOU COURTING DANGER? CLAIMS AGAINST INTERNATIONAL AIRLINES PAYROLL TAX CLAMPDOWN ON HEALTHCARE CLINIC OPERATORS ELECTRONIC PRESCRIPTIONS GENERAL PRACTITIONER SUCCESSFULLY APPEALS NEGLIGENCE FINDING CORONER RECOMMENDS NEW STANDARD FOR IN PATIENT OBSERVATIONS VCAT CONFIRMS THAT DISCIPLINARY CONSEQUENCES MAY BEFALL PRACTITIONERS WHO TREAT THEIR OWN FAMILY A REMINDER ABOUT THE POTENTIAL STRENGTH OF ‘USUAL PRACTICE’ EVIDENCE INSURANCE, DRONES AND YOU. NURSE SLAMMED FOR PROFITING UNDER PATIENT’S WILL AND PRESSURING PEERS POWERFUL NEW SPORTS TRIBUNAL LEADS THE WAY IN BOLSTERING INTEGRITY IN AUSTRALIAN SPORT. WHY IS THIS IMPORTANT? HANDLING SENSITIVE HEALTH INFORMATION ABOUT PATIENTS AND CUSTOMERS – DO YOU UNDERSTAND YOUR OBLIGATIONS? YOU HAVE RECEIVED A NOTIFICATION – WHAT NOW? WHAT’S THE DAMAGE? RECENT TRENDS IN GENERAL DAMAGES AWARDS FOR PSYCHIATRIC INJURIES IN VICTORIA. WHAT HAPPENS TO HEALTHCARE COMPLAINTS IN WESTERN AUSTRALIA? STRIKING THE BALANCE: DO THE RECENT AMENDMENTS TO MANDATORY REPORTING OBLIGATIONS GO FAR ENOUGH? ASK FOR HELP, AND ASK EARLY – ADVICE FOR SURVIVING AN AHPRA NOTIFICATION A GIFT BEJEWELLED WITH RISK PHARMACY WORKPLACE RELATIONS – HOT TOPICS FAMILY DAY CARE – COMPLIANCE AND POLICIES AND PROCEDURES DIRECTORS’ DUTIES BE DATA SMART APPLICATIONS FOR NEW PBS APPROVALS OR RELOCATIONS OF EXISTING PBS APPROVALS CASE NOTE: BERGIN V QUEENSLAND CORK & TIMBER SOLUTIONS PTY LTD [2019] QDC 141 PROFESSIONAL MEDICAL ORGANISATIONS COLLABORATE TO HELP BRING CLARITY ON MEDICAL COSTS FOR PATIENTS STEROIDS AND HORMONE THERAPIES – OFF LABEL USE OR MISUSE/ABUSE? HOW MEDICAL PRACTITIONERS CAN MANAGE NEGATIVE ONLINE REVIEWS VICTORIAN VOLUNTARY ASSISTED DYING LEGISLATION COMES INTO FORCE IN JUNE SAFESCRIPT PROVIDES PRESCRIBERS AND PHARMACISTS WITH REAL TIME ACCESS TO THE PRESCRIPTION HISTORY OF THEIR PATIENTS FOR HIGH RISK MEDICINES. MEDICARE SHARED DEBT RECOVERY SCHEME TO SIGNIFICANTLY AFFECT RECOVERY OF INCORRECT MEDICARE BILLINGS FROM NEXT MONTH IMPORTANT INFORMATION FOR PROPERTY DEVELOPERS IN VICTORIA: STATE TAXATION ACTS AMENDMENT BILL 2019 POLICE IN VICTORIA AND WESTERN AUSTRALIA, TO SHARE INFORMATION WITH AHPRA PROFESSIONAL PERFORMANCE UNDER THE SPOTLIGHT | INQUIRY INTO THE ACTIONS OF THE REGULATOR AND LOCAL HEALTH DISTRICT NEW POWERS USED BY HEALTH COMPLAINTS COMMISSIONER TO STOP UNREGISTERED SERVICE PROVIDERS MAKING FALSE CLAIMS ASIC’S REGULATORY APPROACH TO ENFORCEMENT POST-HAYNE A REMINDER: CHILD CARE PROVIDERS IN VICTORIA, NOW SUBJECT TO THE VICTORIAN REPORTABLE CONDUCT SCHEME RESTRICTIONS ON THE USE AND DISCLOSURE OF CONFIDENTIAL COMMUNICATIONS BETWEEN A VICTIM OF SEXUAL ASSAULT AND TREATING HEALTH PRACTITIONERS SIX AXIOMS EMERGING FROM THE HAYNE REPORT CASE NOTE: CAFFREY V AAI LIMITED [2019] QSC 7 IS THE ‘IRRATIONAL’ EXCEPTION FEASIBLE? FEDERAL COURT CONFIRMS STRICT INTERPRETATION OF THE 80/20 RULE UNDER THE HEALTH INSURANCE ACT 1973 HOW CAN YOU TELL IF YOU HAVE BEEN GIVEN A FORGED PRESCRIPTION AND WHAT TO DO IF YOU HAVE MADE A MISTAKE? TELL THE CLIENT ASAP OR RISK A FINDING OF DECEIT SHARED DEBT RECOVERY SCHEME TO HOLD BOTH MEDICAL PRACTITIONERS AND EMPLOYING AND CONTRACTING ORGANISATIONS RESPONSIBLE FOR INCORRECT MEDICARE BILLING MY HEALTH RECORD: IMPORTANT INFORMATION FOR HEALTHCARE PROVIDERS STATUTORY PRIVILEGE DOES NOT PREVENT DISCLOSURE OF RECORDS IN VCAT PROCEEDINGS A GAME CHANGER FOR MUTUALS – NEW LAW EXPANDS CAPACITY TO RAISE CAPITAL WHAT ARE PHARMACISTS’ OBLIGATIONS WHEN SUPPLYING PSEUDOEPHEDRINE? NO PROFESSIONAL MISCONDUCT FINDING FOR GENERAL PRACTITIONER’S ‘GRAVE ERROR OF JUDGMENT’ PROFESSIONAL OPINIONS – HOW MUCH WEIGHT DO THEY CARRY? FINANCIAL SERVICES ROYAL COMMISSION – THE INTERIM REPORT – EMERGING REGULATORY THEMES PROFESSIONAL MISCONDUCT – FACT OR FICTION? ROYAL COMMISSION INTO AGED CARE QUALITY AND SAFETY CAN A LOSS OF SUPERANNUATION PENSION FORM PART OF A LOSS OF EARNING CLAIM FOR A RETIRED CLAIMANT? GETTING IT RIGHT – MEETING YOUR LEGAL AND PROFESSIONAL OBLIGATIONS IN ADVERTISING BOARD REMOVES LINKS TO PAST DISCIPLINARY DECISIONS – BUT NOT ALL OF THEM CHILD CARE SUBSIDY LAW– AN INTRODUCTION TO THE NEW MINISTER’S RULES AND SECRETARY’S RULES 2017 VIDEO: NEGLIGENCE IN RELATION TO ASBESTOS-CONTAMINATED WASTE CASE NOTE: YOUR ONUS OR MINE? HIGH STAKES FOR ORGANISATIONAL HEADS AS VICTORIA INTRODUCES NEW REQUIREMENTS AS PART OF REPORTABLE CONDUCT SCHEME UNFAIR CONTRACT TERMS: NOT IF BUT HOW PROVIDENT CAPITAL CLASS ACTION MEDICATION MISADVENTURE – METHOTREXATE: A REMINDER TO PHARMACISTS TO EXERCISE INDEPENDENT JUDGMENT ABOUT THE SAFETY OF A PRESCRIBED MEDICINE. THE DUTY OF CARE REQUIREMENT – NOT TO BE TAKEN FOR GRANTED PUTTING THE PAST BEHIND YOU? NOT ANY MORE, AS MEDICAL BOARD STARTS DISPLAYING LINKS TO OLD DISCIPLINARY DECISIONS ON THE NATIONAL REGISTER DUTY OF DISCLOSURE: YESTERDAY’S HERO? MISSING FAXED SCAN RESULT TRIGGERS THE CORONERS COURT TO CALL FOR ROBUST STANDARDS REGARDING THE COMMUNICATION OF RADIOLOGY RESULTS SPARKS V HOBSON; GRAY V HOBSON [2018] NSWCA 29: IS THIS A PRELUDE TO THE EXPANSION OF THE PEER PROFESSIONAL OPINION DEFENCE IN NSW? ‘SAFESCRIPT’ ROLL-OUT: AN UPDATE FOR PRACTITIONERS ON IMPORTANT REGULATORY CHANGES FROM 1 JULY 2018 WHAT TO CONSIDER WHEN YOU BUY A FITNESS FRANCHISE FAIR GO! ARE YOUR STANDARD CONTRACTS UNFAIR? ASSIGNING YOUR COMMERCIAL OR RETAIL LEASE CHARITIES UNCLEAR AND UNCERTAIN ABOUT DISCLOSURE OF POLITICAL DONATIONS AND EXPENDITURE ARE YOU PREPARED FOR THE MANDATORY DATA BREACH NOTIFICATION REGIME? RECENT TRENDS IN BUYING AND SELLING PHARMACIES PHARMACY FRANCHISE LAW – TIPS FOR FRANCHISEES MISUSE, INTERFERENCE OR LOSS OF PERSONAL INFORMATION BY PHARMACISTS – NEW MANDATORY NOTIFICATIONS FOR DATA BREACHES EXPANDING OR CONTRACTING YOUR PHARMACY? DON’T FORGET PHARMACY LOCATION RULE 121 UNFAIR DISMISSAL CLAIMS UNDER FIXED TERM CONTRACTS SHIFTING LANDSCAPE – INSURANCE LAW FIRMS ARE EXPERIENCING UNPRECEDENTED CHANGE AS THE SECTOR EVOLVES HOW AUSTRALIAN FINANCIAL COMPLAINTS AUTHORITY (AFCA) MAY IMPACT YOUR BUSINESS UNFAIR CONTRACT PROTECTIONS CAPTURE STANDARD CONTRACT LOANS TO SMALL BUSINESSES ARE FINANCIAL SERVICE PROVIDERS PREPARED FOR THE MANDATORY DATA BREACH NOTIFICATION REGIME? NSW HEALTH SERVICES ORGANISATIONS FACE KEY CHANGES TO ROOT CAUSE ANALYSIS PROCEDURES SUPREME COURT OF VICTORIA CONFIRMS AVAILABILITY OF STATUTORY PRIVILEGE OVER CLINICAL RECORDS IN VCAT NATIONAL REGISTRATION OF PARAMEDICS – MANDATORY NOTIFICATIONS: WHAT PARAMEDICS NEED TO KNOW ABOUT THEIR MANDATORY REPORTING OBLIGATIONS OVERHAUL GETS THE GO AHEAD FOR MANDATORY REPORTING LAWS REGARDING TREATING HEALTHCARE PROFESSIONALS INSURANCE BROKER REMUNERATION – 5 LEGAL CONSIDERATIONS MISLEADING ADVERTISING IN FINANCIAL SERVICES REFLECTIONS ON A RECENT EXPERIENCE WITH ‘HOT TUBBING’ IN THE CORONERS COURT OUTRAGE AS JUNIOR UK DOCTOR IS CONVICTED OF MANSLAUGHTER AND STRUCK OFF ACCEPTING GIFTS FROM PATIENTS – BEFORE YOU PARTAKE OF THAT BOTTLE OF WINE, STOP AND CONSIDER A FEW FACTORS VICTORIA TO ROLL OUT REAL-TIME PRESCRIPTION MONITORING SYSTEM IN 2018 MEDICAL BOARD SEEKS COMMUNITY INPUT ON REVISED SEXUAL BOUNDARIES GUIDELINES MERIDIAN LAWYERS BOLSTERS ITS PROPERTY AND COMMERCIAL LEASING PRACTICE IN SYDNEY MERIDIAN LAWYERS EXPANDS ITS INSURANCE TEAM AND FOOTPRINT FROM EAST TO WEST OUTSTANDING INSURANCE LAWYER ANDREW SHARPE TO JOIN MERIDIAN LAWYERS’ SYDNEY TEAM. NATIONAL REGISTRATION OF PARAMEDICS 2018 RELEASE OF INSURANCE IN SUPERANNUATION VOLUNTARY CODE OF PRACTICE CHANGES TO MEDICARE BENEFITS SCHEDULE ITEMS FOR SPINAL X-RAY SERVICES – WHY, HOW AND WHAT NOW? PROVING RESIDUAL WORKING CAPACITY: A DEFENDANT’S BURDEN TO BEAR CASE STUDY: PITFALLS OF CROSSING THE BOUNDARIES VIDEO: FUNDAMENTALS OF EFFECTIVE NEGOTIATION SWEEPING REFORMS IN VICTORIA PROPOSED TO LIFT HOSPITAL SAFETY MEDICAL BOARD REFORMS FOR OLDER MEDICAL PRACTITIONERS AND THOSE THE SUBJECT OF MULTIPLE COMPLAINTS VIDEO: NEGLIGENCE AND CONSENT IN THE MEDICAL PROFESSION LANDMARK ADVERTISING FINE WARNS THAT THE TIGER HAS TEETH PI COVER FOR AFS LICENSEES – CHECK YOUR COVER AS NOT ALL PI POLICIES HAVE THE SAME COVER STANDARD CONTRACT TERMS AND CONDITIONS FOR DERIVATIVES TRADING AND BROKER RIGHTS NEW LEGISLATION INTRODUCES BAN ON EXCESSIVE PAYMENT SURCHARGES EXPANDED PROTECTION FOR WHISTLEBLOWERS IN CORPORATE, FINANCIAL AND CREDIT SECTORS INCLUDING TAX MISCONDUCT PUT IT IN WRITING: TOOLS TO PROTECT AND ENFORCE MINORITY SHAREHOLDER RIGHTS (PART 2) HOW TO AVOID COPYRIGHT INFRINGEMENT HOW FIT ARE YOU, LEGALLY? INCREASED POWERS OF THE FAIR WORK OMBUDSMAN – IS YOUR BUSINESS VULNERABLE? PARTNERSHIP AGREEMENTS – DO YOU HAVE ONE AND IS IT UP TO DATE? IS IT A DISPUTE WAITING TO HAPPEN? NATIONAL BOARDS ARMED WITH NEW PUBLIC INTEREST POWER TO TAKE IMMEDIATE ACTION AGAINST HEALTH PRACTITIONERS NATIONAL REGISTRATION OF PARAMEDICS – REGISTRATION STANDARDS MASSIVE PRIVACY BREACH: A LESSON IN USING THIRD PARTY WEB SERVICE PROVIDERS WRIGHT AND WRONG CROWD-SOURCED FUNDING FOR START-UPS AND SMES – OFFERING SHARES TO RETAIL INVESTORS PROPOSED NEW INSURANCE CODE OF PRACTICE FOR SUPERANNUATION TRUSTEES “CHECK, CORRECT, CHANGE” GUIDANCE PUBLISHED BY AHPRA A WELCOME RESOURCE FOR PRACTITIONERS SEEKING CLARITY IN ADVERTISING REGULATION SIGNIFICANT $1.3M PAYOUT WARNS EMPLOYERS TO TAKE EMPLOYEE BULLYING COMPLAINTS SERIOUSLY PHARMACY INSIGHTS – SPRING 2017 DISCLOSURE OF CONFIDENTIAL GENETIC INFORMATION TO RELATIVES A REMINDER FOR PHARMACISTS: EXERCISE CAUTION WHEN DISPENSING SCHEDULE 3 POISONS COURT’S DISDAIN FOR DISABILITY CLAIM 70 YEARS IN THE MAKING: THE CIVIL LIABILITY (THIRD PARTY CLAIMS AGAINST INSURERS) ACT 2017 NATIONAL REGISTRATION OF PARAMEDICS FINALISTS IN INFOTRACK CLIENT CENTRICITY AWARDS FOR SECOND YEAR MEDIA RELEASE: MERIDIAN BOOSTS HEALTH LAW EXPERTISE ACCC INCREASES FRANCHISOR SCRUTINY PUT IT IN WRITING: TOOLS TO PROTECT AND ENFORCE MINORITY SHAREHOLDER RIGHTS ‘PHILLIPS ARRANGEMENTS’: IT MAY BE TIME TO REVIEW YOUR SERVICE COMPANY ARRANGEMENTS NSW LANDLORDS AND TENANTS AFFECTED BY CHANGES TO THE RETAIL LEASES ACT CHOOSING THE RIGHT NOT-FOR-PROFIT STRUCTURE MEDIA RELEASE: INSURANCE TEAM AND MANAGING PRINCIPAL SHORTLISTED FOR PRESTIGIOUS INDUSTRY AWARDS WHEN IS A DUTY OF CARE OWED IN MENTAL HARM CLAIMS? VETS MUST BE VIGILANT TO AVOID LEGAL ACTION HOW LONG MUST YOU RETAIN CHILD CARE RECORDS IN VICTORIA? WHAT DOES MANDATORY REPORTING MEAN FOR EARLY CHILD CARE WORKERS? BEWARE OF ALTERED, FORGED OR FRAUDULENT PRESCRIPTIONS: A REMINDER FOR PHARMACISTS DEALING WITH COMPLEX FACTS IN ASSESSING CONTRIBUTION FOR AN ASBESTOS EXPOSURE INJURY AMENDMENT OF SERVICE APPROVALS – YOUR OPTIONS IF YOU ARE REFUSED PROPOSED CHANGES TO NATIONAL QUALITY FRAMEWORK CHOOSING THE RIGHT BUSINESS STRUCTURE FOR YOUR CHILD CARE SERVICE FAMILY DAY CARE LAW: AVOIDING BREACHES OF THE NATIONAL LAW AND REGULATIONS BRAND LOYALTY IN PROFESSIONAL INDEMNITY INSURANCE: RISKS OF SHIFTING INSURANCE COVER THE INSURER STRIKES BACK GENERAL INSURERS NEED TO BE EVER MINDFUL OF BEST PRACTICE ADVERTISING DENTAL INSIGHTS: IS YOUR RADIOLOGY EQUIPMENT REGISTERED AND YOUR RADIOLOGY LICENCE UP-TO-DATE? ATTEMPTED MURDER DURING OFFSITE TRAINING: IS THE OCCUPIER LIABLE FOR PSYCHIATRIC INJURY? FINALIST IN LAWYERS WEEKLY PARTNER OF THE YEAR AWARDS A REMINDER TO ENSURE THE DENTAL JUSTIFICATION FOR TREATMENT PLAN IS CLEARLY RECORDED PHARMACY SALE AND PURCHASE TRENDS DURING 2016: ASSIGNMENT OF LEASES REAL-TIME PRESCRIPTION MONITORING: WHAT DOES IT MEAN FOR HEALTH PRACTITIONERS? MERIDIAN LAWYERS SUCCESSFUL IN LONG-RUNNING PROFESSIONAL NEGLIGENCE CASE TRENDS IN BUSINESS SALES AND PURCHASES: ASSIGNMENT OF LEASES CHOOSING THE RIGHT BUSINESS STRUCTURE ABOLITION OF STAMP DUTY ON PURCHASE OF BUSINESS ASSETS IN NEW SOUTH WALES IS BIG BROTHER WATCHING? SUCCESSION PLANNING FOR YOUR PARTNERSHIP SELLING A VETERINARY PRACTICE SUCCESSION PLANNING FOR YOUR PARTNERSHIP AWB: THE NEXT INSTALMENT… MERIDIAN LAWYERS’ NEW YEAR PROMOTIONS WHAT DO I NEED TO KNOW ABOUT THE NEW HEALTH COMPLAINTS ACT 2016 (VIC)? HAVE YOU PLANNED YOUR PARTY PROPERLY? ARE YOU SELLING A CHILD CARE BUSINESS? WHAT TO DO IF YOUR SERVICE APPROVAL HAS BEEN SUSPENDED OR CANCELLED ADVERTISING: A TIMELY REMINDER THE DUTY OF CARE OWED BY A PRINCIPAL CONTRACTOR – IS IT DELEGABLE? MERIDIAN LAWYERS’ BOOSTS MELBOURNE INSURANCE TEAM WITH NEW PRINCIPAL HOW WILL TECHNOLOGY CHANGE THE TYPES OF CLAIMS WE SEE IN THE FUTURE? GAME OF DRONES: NEW RULES, NEW CHALLENGES WHEN HAS AN OBLIGATION TO OBTAIN INFORMED CONSENT BEEN DISCHARGED? VIDEO: NEGOTIATING AND EVIDENCE OF A LEGAL RETAINER CERTAIN CONTRACTUAL INDEMNITIES VOID IN QUEENSLAND INJURY CLAIMS – SOME TRAPS FOR BROKERS WOMEN IN LAW AWARDS FINALIST: MENTOR OF THE YEAR MERIDIAN LAWYERS WINS PRESTIGIOUS AWARD MANAGING PARTNER PAUL BAKER FINALIST IN AUSTRALIAN LAW AWARDS IS THIS THE END TO USING CONTRACTUAL INDEMNITIES TO APPORTION LIABILITY FOR WORKERS’ INJURIES? INSURANCE INSIGHTS: THE PITFALLS OF LENDING A HELPING HAND TACKLING TARDINESS HIGH COURT WIN: FINDING REMINDS COURTS OF APPEAL OF THEIR LIMITS DOING THE RIGHT THING: COMPLYING WITH FAMILY ASSISTANCE LAW FOR FAMILY DAY CARE LOWERING OF TWO KEY WRONGS ACT THRESHOLDS IN VICTORIA HOLDING NURSES TO ACCOUNT: AHPRA NOTIFICATIONS, INVESTIGATIONS, PROCESSES AND OUTCOMES AUSTRALASIAN LAW MANAGEMENT JOURNAL: Q&A WITH PAUL BAKER MOURNING THE LOSS OF OUR COLLEAGUE AND COLLABORATOR – ASHLEY JONES, PRINCIPAL AT MERIDIAN LAWYERS, BRISBANE DRONES – FRIEND OR FOE FOR UNDERWRITERS? SELLING YOUR BUSINESS? DON’T FORGET AN IMPORTANT ASSET – YOUR EMPLOYEES! ‘BUT HOW CAN I NOTIFY MY INSURER? ALL THE DETAILS ARE PRIVATE’ PHARMACY LOCATION RULES: WHO ARE ‘PERSONS AGGRIEVED’ BY NEW APPROVALS? NUROFEN SPECIFIC PAIN CLAIMS: FEDERAL COURT FINDS MISLEADING CONDUCT ONLINE PHARMACY RETAILER PAYS $32,400 FOR MISLEADING PRODUCT PRICING AIM FOR A PAIN-FREE GOODBYE WHAT DOES A ‘PROFESSIONAL SERVICE’ MEAN IN THE CONTEXT OF A D&O POLICY EXCLUSION CLAUSE? THE CHANGING STATE OF PLAY: THE NATURAL EVOLUTION OF THE PROFESSIONAL REGULATION OF PHARMACY STORAGE AND PRESCRIBING OF MEDICATION IN THE DENTAL SURGERY STRIKING THE RIGHT BALANCE: GENDER DIVERSITY AND FLEXIBILITY FAST-TRACKED ORTHODONTIC TREATMENTS GIVE RISE TO INFORMED CONSENT AND SCOPE OF PRACTICE ISSUES MERIDIAN’S EMPLOYMENT PRINCIPAL ELECTED ALERA PRESIDENT MERIDIAN LAWYERS ASSISTS WITH NAPSA’S CONSTITUTION OVERHAUL FORESIGHTS: PUBLIC LIABILITY FORESIGHTS: RECENT CASE RULINGS CHALLENGE THE STATUS QUO SCHEDULE 8 MEDICATIONS: A DISTURBING TREND IN STORAGE AND RECORD KEEPING AHPRA EXTENDS ITS REACH TO SOCIAL MEDIA A REMINDER OF WHAT IS NOTIFIABLE CONDUCT, AND THE CONSEQUENCES OF FAILING TO NOTIFY QUEENSLAND TO REMOVE 5% PERMANENT IMPAIRMENT THRESHOLD FOR WORKERS SEEKING DAMAGES RECENT COURT OF APPEAL DECISION CONFIRMS BREADTH OF ADVOCATE’S IMMUNITY POWER COUPLE ACCC GIVEN GREATER POWERS TO ENFORCE NEW FRANCHISING CODE OF CONDUCT THE BROADENING SHADOW OF SECTION 54 NEW OFFICE AIMS TO IMPROVE JOHNSON V TRIPLE C PROCESS IN QUEENSLAND WATCH OUT FOR THAT LAST STEP CHANGES PROPOSED TO END MANDATORY INQUESTS INTO DEATHS IN CUSTODY THE DENTIST AS AN INDEPENDENT EXPERT WITNESS POSITIVE PARTNERSHIPS: THE COMFORTS OF A GOOD PARTNERSHIP AGREEMENT BUBBLE, BUBBLE, TOIL AND TROUBLE FOR PLAINTIFFS BUYING AND SELLING DENTAL PRACTICES MERIDIAN LAWYERS NABS HIGH PROFILE INSURANCE LAWYER EMPLOYMENT RELATIONS PRINCIPAL JOINS MERIDIAN TEAM ENDEAVOURS TO RESOLVE THE DEBATE KEEPING YOUR WEBSITE UP-TO-DATE AND ACCURATE CORPORATE GOVERNANCE UPDATE: ASX RULES CREDIT REPORTING REGIME UNDER THE PRIVACY ACT HAS A NEW BITE SPOTLIGHT ON FITNESS: AN OVERVIEW OF AUSTRALIAN CONSUMER LAW THE COST OF DOING BUSINESS: AN OPEN AND SHUT CASE FOR A CHILD CARE CENTRE BEST LAWYERS RECOGNISES LEADING INSURANCE LAWYER HIGH COURT DETERMINES THAT DAMAGES ARE NOT CAPPED PHARMACY ALERT: MAINTAINING SCRIPT CERTIFICATIONS CONSIDER THESE FUNDAMENTALS BEFORE PURCHASING A PROFESSIONAL PRACTICE THINKING OF BUYING A FRANCHISE? RETAIL SHOP LEASES: YOUR RIGHTS AS A TENANT PITFALLS OF GROUP BUYING ADVERTISING FOR HEALTH PRACTITIONERS IS THIS THE END OF YOUR LEASE? INSURING BUILDERS: CLAIMS BY SUBSEQUENT OWNERS TAKING THE ‘LITERAL’ OR ‘INTENDED’ MEANING: HIGH COURT RESERVES JUDGMENT PERSONAL TRAINERS: DON’T SWEAT THE LEGAL SMALL PRINT MEDICO-LEGAL ISSUES FOR RADIOGRAPHERS AHPRA AUDITS: TIPS FOR REGISTERED HEALTH PROFESSIONALS JOINT STATEMENT ON DENTAL AUDITS: ADA, GUILD INSURANCE AND MERIDIAN LAWYERS PRIVACY, LEGAL LIABILITY AND THE PHARMACIST FITNESS INSTRUCTORS, SQUATS AND WAIVERS EMPLOYMENT INSIGHTS: FAIR WORK COMMISSION LAYS DOWN SOME MARKERS ON BULLYING HEALTH PROFESSIONALS: ARE YOU COMPLYING WITH YOUR OBLIGATIONS? GOVERNMENT ROLLS OUT LIVING LONGER, LIVING BETTER AGED CARE PACKAGE HOW HEALTHY IS YOUR RELATIONSHIP WITH YOUR BUSINESS PARTNERS? STRATEGIC SHAREHOLDING AGREEMENT WITH STEADFAST GROUP LEGAL ISSUES: WHAT SHOULD A PHYSIOTHERAPIST DO WHEN… BIOSECURITY GUIDELINES: DO THEY POSE AN INCREASED LEGAL RISK TO VETERINARIANS? E-HEALTH: A NEW FRONTIER FOR HEALTH PRACTITIONERS INFECTIOUS DISEASES & CHILD CARE: WHAT ABOUT STAFF MEMBERS? SECTORS Deep sector knowledge and experience allows us to help clients navigate the unique issues they face in a strategic and practical way. COMMUNITY CONSTRUCTION FINANCIAL SERVICES GOVERNMENT HEALTHCARE MANUFACTURING PROPERTY RESOURCES RETAIL & HOSPITALITY SPORT & FITNESS TRANSPORT VETERINARY OUR EXPERTISE Meridian Lawyers is a leading national law firm with offices in Brisbane, Canberra, Melbourne, Newcastle, Perth, and Sydney. We are committed to finding solutions and delivering value: one challenge, one project, one client at a time. Our team provides trusted legal advice in the areas where we have the greatest experience and understanding. 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