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Healthcare | Legal

Why Duty of Candour is falling short in the public hospital system

When Victoria introduced its Duty of Candour legislation in 2022, it was intended to bring clarity to the families of the 97,580 people affected annually by adverse medical events in its public hospital system, providing transparency and, ideally, closure following unexpected harm or loss. But according to Bree Knoester of Brave Legal, the law has…

17 Feb 2026, by Amy Sarcevic

Legal

New rules for organisation liability now in effect

Australian organisations may now be accountable for deliberate acts of criminality involving childhood sexual abuse committed by their employees, subcontractors or volunteers, following a High Court decision that was handed down yesterday. Previously, the law’s “vicarious liability” principles only covered employees and did not include acts of deliberate criminality by persons who were not classed…

12 Feb 2026, by Amy Sarcevic

Legal

New scam rules for telcos, banks, and digital platforms are coming – but how will they take shape?

One thing that all parties involved in scam prevention can agree on is that nobody is too smart to be scammed. But when it comes to who should be liable for scam losses, opinions are divided. In the United Kingdom, banks must compensate scam victims under a mandatory reimbursement model, while in Australia customers are…

22 Sep 2025, by Amy Sarcevic

Banking & Finance | Legal

What to know about ASIC’s latest enforcement trends

During a public address in June this year, ASIC shared details of its current regulatory focus, citing general and targeted non-compliance of both the Credit Regime and Design and Distribution Obligation as its primary interest areas. These interests were spurred by allegations from several high-profile legal cases, including those in the motor finance and payday…

14 Aug 2025, by Amy Sarcevic

Healthcare | Legal

Overcoming birth trauma, post inquiry – what needs to happen?

In 2024, a landmark parliamentary inquiry found ‘unacceptable’ rates of birth trauma in Australia, with one in three women directly affected. One year on, how much progress has the sector made; and what more needs to be done, to further drive down these figures? Ahead of the Obstetric Medico Legal Conference, we spoke with Professor…

24 Jun 2025, by Amy Sarcevic

Healthcare | Legal

When regulatory decisions are challenged – insights from Dr Jamie Orchard of Ahpra

On a daily basis, Dr Jamie Orchard of the Australian Health Practitioner Regulation Agency (Ahpra) is faced with significant regulatory decisions around the practice of health professionals – either through his registration advisory, complaint handling, or in taking action to protect the public, following allegations of substandard care. In the course of taking that action,…

12 Mar 2025, by Amy Sarcevic

Healthcare | Legal

Informing decisions about medical negligence in complex infectious diseases cases

After receiving radiotherapy and chemotherapy for a squamous cell carcinoma, 60 year-old John (not his real name) developed a cold sore on his lip. Initially, the cold sore did not seem problematic, but in the day after contracting it, he developed a few vague symptoms. First a headache, then memory loss, followed by an episode…

29 Jan 2025, by Amy Sarcevic

Healthcare | Legal

What do NSW health workers need to know about the new voluntary assisted dying laws?

New South Wales’ (NSW) version of voluntary assisted dying (VAD) legislation came into effect in November last year, providing welcome relief to people suffering in the advanced stages of illness and disease. With the legislation now in full swing, what do NSW health workers need to be mindful of – legally and ethically - in…

27 Feb 2024, by Amy Sarcevic

Banking & Finance | Legal | Technology

What simple techniques can banks adopt to prevent fraud? A digital scam expert sheds light

With the advent of AI-based technologies such as ‘deep fake’, the world of scamming is becoming increasingly sophisticated, with Australians falling victim to $3billion worth of digital fraud last year as a result. In this landscape, banks could be forgiven for thinking scam prevention requires an equally technical response. But as ethical hacker and digital…

11 Jul 2023, by Amy Sarcevic

Healthcare | Legal

The appropriate way for doctors to handle surrogacy births – insights from a surrogate mother and lawyer

The world of surrogacy is often a foreign one to health professionals, with many clinicians feeling as though they are in treading in a legal quagmire when handling the care of surrogate mothers. Complexities around health disclosures, antenatal medical treatments and newborn care are among the pitfalls clinicians can encounter when dealing with a surrogacy.…

5 Jul 2023, by Amy Sarcevic
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