By: Chris Spain and Ashlee Sherman, along with Angela San Diego and Katya Lando from Aon. Australia’s aged care sector is undergoing a seismic shift. The Aged Care Act 2024 (Cth) is set to commence on 1 November 2025, introducing a rights-based framework that redefines how aged care services are delivered, regulated, and funded. For […]
By: Scott Macoun, Natalie Orola, Isaac Buckland and Gigi Lynis Stewart v Metro North Hospital and Health Service [2025] HCA 34 At a glance The High Court of Australia has unanimously overturned a decision of the Queensland Court of Appeal in relation to a catastrophically injured plaintiff’s claim for damages for at-home care. The case […]
By: Trudi-Ann Mercurio Toon v Central Adelaide Local Health Network [2025] SADC 98 At a glance The South Australian District Court dismissed a medical negligence claim for damages against the Central Adelaide Local Health Network (CALHN) following treatment for compartment syndrome compounded by a closed brachial plexus injury. The Court found no breach of duty […]
By: Chris Spain and Lily Goldsmith At a glance There must always be human oversight when AI is used in healthcare. Practitioners need to have a sufficient understanding of how an AI tool functions, including its intended use, how it collects and stores information, and its risks and limitations. Practitioners must be transparent with patients […]
On 14 November 2022, Wotton Kearney acquired Ball + Partners, a boutique health law firm based in Melbourne. Ball + Partners is recognised by Doyles as the only First Tier medical negligence and malpractice law firm in Victoria, with its partners also being the only individuals in Victoria to achieve a preeminent ranking. As part […]
On 24 June 2022, the United States Supreme Court overturned the 1973 decision of Roe v Wade. The decision has been criticised widely, including by many world leaders, as it is likely to cause significant social and economic impacts, particularly for many of America’s most vulnerable women. In this update, W+K Associate Summer Walker sits […]
Recently, there has been considerable political discourse and public interest in the issue of gender affirmation surgery. In this update, W+K health law specialists Claudine Watson-Kyme and Marie-Clare Elder look at the legal position on gender dysphoria treatment in Australia and provide a brief history of the Family Court’s decisions regarding this issue. Click the […]
Health Care Complaints Commission v Kolos [2022] NSWCATOD 46 The NSW Civil and Administrative Tribunal (NCAT) recently heard a complaint against a medical practitioner, which involved – among other things – allegations of inappropriate and excessive billing practices in breach of specific conditions on the practitioner’s registration. This case provides a timely reminder to all […]
Today, W+K welcomes two new Health partners: Marie-Clare Elder and Claudine Watson-Kyme. The combination of our new Sydney-based partners and Partner Chris Spain in Melbourne creates a formidable, fresh Health team. Both Marie-Clare and Claudine come from senior in-house roles, have medical backgrounds and are widely respected for the advice and support they provide to […]
2021 presented the general insurance industry with many uncertainties. Our 2020 GL Trends Report provided foresight into several trends that have impacted, and continue to impact, the general liability market in Australia and New Zealand, including historical abuse claims across different sectors, concussion and its impact on sport, as well as COVID-19 risks as it […]
