Mark Williams

Mark Williams

DLA Piper

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Not so obvious “obvious risks”

The District Court of Western Australia’s recent decision in Petkovic v Blazeski [2014] WADC 170 highlights the limitations of “obvious risk” defences and the level of evidentiary analysis that defendants ought undertake...more

12/17/2014 - Australia Construction Accidents Liability Negligence

Health Alert (Australia) - December 8, 2014

In This Issue: Judgments and Reports. Excerpt from Reports: Australia. Department of Social Services - 4 December 2014 - 2014 Aged Care Approvals Round (ACAR) results. Senator Mitch Fifield,...more

12/8/2014 - Australia Health Insurance Healthcare Legislative Agendas

High Court hears appeal on hospital’s duty of care to man murdered by mental health patient

Last week, the High Court of Australia heard argument in an appeal against the decision of McKenna v Hunter & New England Local Health District; Simon v Hunter & New England Local Health District [2013] NSWCA 476. The...more

10/20/2014 - Australia Duty of Care Hospitals

Health Alert (Australia) - October 20, 2014

In This Issue: Judgements, Legislation, and Reports. Excerpt from Judgments: Commonwealth - 15 October 2014 - Gray v Richards [2014] HCA 40 - In 2003, a 10-year-old girl...more

10/20/2014 - Australia Healthcare

Fund management expenses in catastrophic personal injuries cases – awards on top of awards?

The costs of managing awards of damages for catastrophic personal injury claims comprise one of the most significant heads of damage that a plaintiff is awarded. These costs often make up around 20% of the total award. ...more

10/17/2014 - Bodily Injury Catastrophic Impairment

Long tail personal injury claims – a floodgate issue in WA?

Yesterday, the Supreme Court of Western Australia Court of Appeal heard argument in an appeal against the decision of Dixon v Clarke [2013] WASC 471....more

9/24/2014 - Appeals Australia Hospitals Long-Tail Claims Medical Malpractice Physicians

Calderbank offers – proof in the pudding

Regular readers of Insurance Flashlight will remember our recent update on the High Court of Australia’s decision in Stewart v Atco Controls Pty Ltd (in Liquidation) (No 2) [2014] HCA 31 Two of our concluding...more

9/24/2014 - Australia Banks Foreign Banks Settlement

Health Alert (Australia) - September 22, 2014

In This Alert: Judgments; Legislation; and Reports. Excerpt from Judgments: New South Wales - 17 September 2014 - Southern Radiology Nuclear Medicine v Environmental Protection Authority (EPA)...more

9/22/2014 - Australia Healthcare Legislative Agendas

Health Alert (Australia) - September 8, 2014

In This Issue: Judgments; Legislation; and Reports. Excerpt from Judgments: Northern Territory - 1 September 2014 - Inquest into the death of Braden (aka* Braydon)(Kwementyaye) Brown [2014] NTMC...more

9/8/2014 - Australia Healthcare

Health Alert (Australia) - Week of August 25, 2014

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: Australia. Department of Health & Ageing Media releases - 20 August 2014 - New Centre to Deliver More Health...more

8/27/2014 - Australia Healthcare Legislative Agendas New Legislation PHI

Calderbank offers – Getting more bang for your buck

The cost-protective benefits of Calderbank offers are often more illusory than real. Courts will only award indemnity costs to the party making the offer where the party demonstrates that it was unreasonable for the other...more

8/20/2014 - Australia Expert Testimony Indemnification Insurers

Health Alert (Australia) - August 4, 2014

In This Alert: Judgments; Legislation; and Reports. Excerpt from Reports: 30 July 2014 - The Chinese Medicine Board of Australia releases its latest communiqué. Australia. National Health &...more

8/4/2014 - Australia Healthcare Pending Legislation Proposed Legislation

Palliative care – navigating the difficult path of informed consent

Medical practitioners are placed in a difficult position when close family members disagree about the treatment that should be provided to a loved one who is no longer capable of making his or her own decisions. ...more

7/31/2014 - End-of-Life-Care Informed Consent

A wake up call for employers – legal liability to shift workers and ‘fly-in, fly out’ employees

Australia’s increasingly flexible workforce means we no longer all work from nine until five. Family commitments, the prospects of better pay, study commitments and countless other factors are all influencing when we work,...more

7/31/2014 - Australia Employer Liability Issues Flexible Work Arrangements

Update on medical indemnity claims statistics – Trends and risk areas

On 11 July 2014, the Australian Institute of Health and Welfare released the latest in its series of reports on medical indemnity claims in the public and private sectors. The report examined claims made, current or...more

7/14/2014 - Australia Healthcare Indemnity Claim Information Reports

Health Alert (Australia) - July 14, 2014

In This Issue: Judgments; Legislation; and Reports. Excerpt from Judgments: Commonwealth - 4 July 2014 - Angelos v Minister for Health [2014] FCA 706 - This was an application made to the...more

7/14/2014 - Australia Healthcare Pharmacies Prescription Drugs

Health Alert (Australia) - June 23, 2014

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: Queensland. Department of Health: - 18 June 2014 - Public patients get private sector boost. Thousands of public patients...more

6/23/2014 - Australia Healthcare

Health Alert (Australia) - June 2, 2014

In This Issue: Judgments; Legislation; and Reports. Excerpt from Judgments: Victoria - 15 May 2014 - Finding into Death with Inquest of Georgia Susan Cheal 4603 / 2006 - The inquest into...more

6/2/2014 - Australia Healthcare

Health Alert (Australia) - May 12, 2014

In This Issue: Judgments; Legislation; and Reports. JUDGMENTS - New South Wales (NSW)- 6 May 2014 - Health Care Complaints Commission v Khalsa (No 2) [2014] NSWCATOD 47 - This was an application...more

5/12/2014 - Australia Birth Injuries Healthcare Healthcare Professionals Medical Malpractice Professional Liability

Health Alert (Australia) - 14 April 2014

In This Issue: Judgments; Legislation; and Reports. - Excerpt from Reports: Queensland. Department of Health: - 1 April 2014 - Legislative change to address doctors’ concerns. The power of the Queensland...more

4/14/2014 - Australia Healthcare

Health Alert (Australia) - March 17, 2014

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: REPORTS: Australia. Department of Health & Ageing - Media releases - 11 March 2014 - Fight back against...more

3/17/2014 - Australia Healthcare

Health Alert (Australia) - 24 February 2014

In This Issue: Judgments; Legislation; and Reports. Victoria - 18 February 2014 - Odisho v Bonazzi [2014] VSCA 11 - In April 2006, Ms Odisho attended hospital after suffering pulmonary emboli....more

2/24/2014 - Australia Healthcare

Health Alert (Australia) - 13 January 2014

In This Issue: Judgments; Legislation; and Reports. - Excerpt from Judgments: South Australia - 16 December 2013 - RE H, AE (No 3) [2013] SASC 196 - In 2011, spermatozoa was removed from...more

1/13/2014 - Artificial Reproduction Australia Consent Healthcare Pregnancy Sperm Donors

Health Alert (Australia) - 9 December 2013

In This Issue: - Judgments - Legislation - Reports - Excerpt from Reports: Australia. Department of Health & Ageing Media releases - 5 December 2013 - Recognising our volunteers. Minister for...more

12/9/2013 - Australia Healthcare

Health Alert (Australia) - 11 November 2013

In This Issue: - Jugments - Legislation - Reports - Excerpt from Judgments: Queensland 2 September 2013 - Tabanas v Medical Board of Australia [2013] QCAT 522 - Health practitioners –...more

11/11/2013 - Australia Healthcare

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