Healthcare and Lifescience

Thought Leadership

Regulatory risk for health practitioners: Tasmania in focus

By: Isaac Buckland and Chris Spain Executive Summary Recent decisions from the Tasmanian Civil and Administrative Tribunal (Tribunal) reflect a tightening regulatory position, particularly in relation to professional boundaries, the power imbalance between health practitioners and other individuals, and cumulative governance failures. The Tribunal has shown limited tolerance for boundary drift, treating supervisory, educational and […]

By : Joshua Weiler Mar 24, 2026 Comments Off

WK News

Leading medical negligence team boost Wotton Kearney’s Health practice

Wotton Kearney has strengthened its national health practice with the appointment of Partner Eliza Faulk and her team of six in Sydney – joining Health Partners Breannon Bailey, Ed Smith, Chris Spain, and Lara Larking. Eliza brings more than 25 years’ experience in insurance and health law, spanning private practice and senior corporate management roles, with a specialisation […]

By : Joshua Weiler Mar 12, 2026 Comments Off

Articles

Navigating the New Aged Care Reforms: What Organisations Need to Know

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 : Joshua Weiler Sep 24, 2025 Comments Off

Case Alerts

High Court expands ‘reasonableness’ test for home care in catastrophic injury claims

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 : Joshua Weiler Sep 9, 2025 Comments Off

Articles

Court upholds hospital treatment despite alleged surgical delay

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 : Joshua Weiler Aug 18, 2025 Comments Off

Articles

Healthcare and artificial intelligence – a new regulatory landscape

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 […]

By : joanna li Sep 12, 2024 Comments Off

WK News

W+K acquires boutique Melbourne health law practice

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 […]

By : joanna li Nov 17, 2022 Comments Off

Articles

Roe v Wade – a lesson in complacency

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 […]

By : joanna li Jun 29, 2022 Comments Off

Articles

The legal position on gender dysphoria treatment in Australia

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 […]

By : joanna li Jun 10, 2022 Comments Off

Articles

Recent NCAT decision reinforces need for care around billing practices

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 […]

By : Anja Vogel May 18, 2022 Comments Off

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