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21August 2016

Health Law Insider- Winter

Patients without capacity: Court orders patient cannot refuse recommended treatment. by Hamish Broadbent, Partner IN THIS ISSUE: Patients without capacity – 1 Staff Profile—Simon Harrison, Partner – 3 Lost in translation: The extent of the duty to warn – 4 Apportionment of liability: The duty owed...

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21August 2016

Are Indian Law Framers Themselves Juvenile?

by Hemant K Batra, Kaden Boriss Legal

WHO IS A JUVENILE? INDIAN LAW FRAMERS LOST BETWEEN POPULISM AND REALISM `Raped’ word should not be used out of context or casually or loosely. We recently saw how the reference of this expression alone caused a heavy collateral damage in...

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29July 2016

Council’s Application to be released from claim falls down the man hole.

by Robert Parcell, Consultant

Plaintiffs often join multiple parties to a claim where it is uncertain as to who the relevant Defendant should be. In factually complex cases it is often left open to the Court to decide liability and the responsible Defendant. The...

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21July 2016

Riding 1,000,000 metres for Motor Neurone Disease

By Andre Wyman, Solicitor

The thought of taking a road trip from Brisbane to Sydney would often have people opening their internet browser to search for flights. Kaden Boriss Legal however instead opted to join a team of cyclists to ride the 1000 kilometres...

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19July 2016

Appeal – Pool injury not caused by a breach of duty by Council.

By Jennifer Davis, Solicitor

Uniting Church in Australia Property Trust (NSW) v Miller [2015] NSWCA 320 provides a timely reminder that causation is a critical requirement for a finding of negligence. Emilie Miller (“the Plaintiff”), aged 12, suffered traumatic spinal injuries after diving into the...

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15July 2016

Insurers beware – exemption clause applicable, but insurer required to indemnify for jet ski accident

by Belinda Hughes, Special Counsel

The recent decision of Whittington v Smeaton [2016] ACTSC 76 held that an insurer has no power to refuse to pay a claim on the basis of an act by the insured, if the act is not reasonably regarded as...

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