Australia: Professional Negligence

Subscribe

Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

Short stem, strong defence: Court Of Appeal update

The Court of Appeal confirmed that in complex medical negligence cases, courts prioritise overall clinical evidence - such as contemporaneous records, patient functionality & consistent expert opinion - over isolated imaging.

Australia Litigation

BN

Barry Nilsson

Novel duty of care: principles and analysis

The case provides clear confirmation of the principles applied in determining whether a duty of care exists and establishing negligence.

Australia Litigation

BN

Barry Nilsson

General practitioner disqualified from applying for registration for a period of 20 years: Medical Board of Australia v Austin

This article outlines the extraordinary circumstances giving rise to consent orders by the State Administrative Tribunal (Western Australia (WA)) in October 2025.

Australia Litigation

CO

Carroll & O'Dea

Case Review (PIPA): Ryan v Gold Coast Hospital and Health Service

A later expert report can be a "material fact of decisive character" justifying a limitation extension when it is the first expert report to establish negligence.

Australia Litigation

RL

Roche Legal

Twist of fate: a painful lesson in liability - Mammoliti v Oriental Massage Burwood Pty Ltd

Australia Litigation

BN

Barry Nilsson

Case Review (Med Neg): Ringelstein v Metro North Hospital and Health Service

Australia Litigation

RL

Roche Legal

Failure to warn: Wallace v Kam prevails again

Australia Litigation

BN

Barry Nilsson

Guilty of professional misconduct but no risk to the public

Australia Litigation

BN

Barry Nilsson

High Court appeal (submissions): AA v the Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle ABN 79469343054 – case S94/2025

Australia Litigation

CO

Carroll & O'Dea

Hospital found negligent for discharging patient with ectopic pregnancy

Australia Litigation

BN

Barry Nilsson

Not every professional error leads to liability

Australia Litigation

BN

Barry Nilsson

One Common Law, One Standard: Significant Damages Award In Historic Queensland Abuse Case

Australia Litigation

BN

Barry Nilsson

Extending the limitation period in medical negligence cases - a subjective approach

Australia Litigation

BN

Barry Nilsson

Five FAQs For Your Medical Negligence Claim In New South Wales

Australia Litigation

CO

Carroll & O'Dea

Essential ESG: Episode 25 – Operating Responsibly In Conflict-affected Areas: The Role Of Grievance Mechanisms

Australia Commercial

CC

Corrs Chambers Westgarth

Employment Relations Podcast #45 – Employment Law For The Time Poor… Live!

Australia Employment

PA

Piper Alderman

NSW Long Service Leave: Key Takeaways From The Updated Guidance

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Refinancings And High Energy Costs Set To Drive Australian Restructurings In The Year Ahead (Podcast)

Australia Insolvency

AO

A&O Shearman

Removal from WhatsApp groups used for rostering can amount to dismissal

Australia About Mondaq

GC

Gilchrist Connell

Establishing acceptable professional practice – learnings for birth injury claims from the Nemes case

Recent case reminds that s5O of the Civil Liability Act 2002 (NSW) does not require unanimous expert opinion.

Australia Litigation

K

Kennedys

Costs In VCAT Proceedings

AMA VicDoc Winter article published in May 2025

Australia Litigation

K

Kennedys

BN's Will Stidston & Julie Kinnear Discuss The High Court's Decision In R Lawyers V Mr Daily

Importance of establishing compensable loss in negligence claims against solicitors and provides valuable guidance on causation, counterfactuals, and limitation periods.

Australia Litigation

BN

Barry Nilsson

Finality Preserved: Advocate's Immunity In Focus

Advocate's immunity is an immunity from suit, enabling legal practitioners to defend negligence claims arising from work performed in the conduct of litigation.

Australia Litigation

GC

Gilchrist Connell

I was only injured because of the company's negligence." Which case won?

Australia Employment

S

Stacks Law Firm

"My Financial Adviser should have spotted the scam, so they're liable for my losses". Which case won?

Australia Litigation

S

Stacks Law Firm

Are Orders The New Middle Ground In Tax Practitioners Board Sanctions, The Tribunal Thinks So

Australia Litigation

PA

Piper Alderman

The Devil Is In The Detail In Establishing The Peer Professional Opinion Defence

Australia Litigation

BN

Barry Nilsson

Supreme Court Of NSW Allows Limitations Defence And Refuses Extension Of Time Application

Australia Litigation

BN

Barry Nilsson

Tick Tock, Time Is Up – Or Is It? NSW Supreme Court Refuses Extension Of The Limitation Period For Medical Negligence Claim

Australia Litigation

GC

Gilchrist Connell

"I suffered catastrophic complications because a negligent neurosurgeon gave me bad advice." Which case won?

Australia Litigation

S

Stacks Law Firm

New rural generalist medicine specialty announced

Australia Healthcare

GC

Gilchrist Connell

Suppression of a clinician's identity: a comparison between the United Kingdom and Australia

Australia Litigation

BN

Barry Nilsson

Local council not liable for injuries to child who fell from cliff

Australia Litigation

BN

Barry Nilsson

"I suffered catastrophic complications because a negligent neurosurgeon gave me bad advice." Which case won?

Medical negligence case – patient left debilitated after neurosurgery. Who won?

Australia Litigation

S

Stacks Law Firm

New rural generalist medicine specialty announced

Rural Generalists provide vital primary and emergency care to rural and regional communities.

Australia Healthcare

GC

Gilchrist Connell

Suppression of a clinician's identity: a comparison between the United Kingdom and Australia

This article considers the background to Abassi & Haastrup, the subsequent appeals and the ultimate findings of the Supreme Court of England.

Australia Litigation

BN

Barry Nilsson

Local council not liable for injuries to child who fell from cliff

Reminder: in assessing a breach of duty of care, a court weighs the burden of avoiding harm across similar situations, not just the specific one in dispute.

Australia Litigation

BN

Barry Nilsson

Just A Social Media Post? Doctors, Think Twice – Your Registration May Be At Stake

Australia Litigation

BN

Barry Nilsson

Widely accepted practice in medicine allows for more than one solution to a health issue

The court emphasised the importance of the neutrality of retained experts.

Australia Litigation

BN

Barry Nilsson

What is medical negligence | Birth injury claims

What can birth injuries look like? What can I get compensation for? What times limits apply?

Australia Litigation

MO

Mellor Olsson Lawyers

Professional conduct; maintaining boundaries between health professionals and patients

Professional boundaries expected of Australia's health professionals and the consequences of a breach of those boundaries.

Australia Litigation

HP

Hall Payne Lawyers

Case Summary: MC v Casa Generaliza Della Societa Dei D'Africa Detti Padri Bianchi (White Fathers) [2024] NSWSC 1658

In recent case the question at law was whether the risk of harm was foreseeable & whether the Defendant knew or ought to have known of it.

Australia Litigation

CO

Carroll & O'Dea

When the system fails: legal and policy implications of the Monash IVF embryo mix-up

Australia Litigation

CO

Carroll & O'Dea

Court finds school's duty of care extends beyond school gate

Australia Litigation

S

Stacks Law Firm

Vicarious liability revisited

Australia Litigation

M

McCabes

Case summary: Doughty v Hillier [2024] NSWSC 1220 – Dismissal of a claim to extend the limitation period for a medical negligence claim

Australia Litigation

CO

Carroll & O'Dea

Can I pursue a medical negligence claim for a misdiagnosis?

Australia Litigation

HP

Hall Payne Lawyers

Medical negligence claims in Queensland

Australia Litigation

HP

Hall Payne Lawyers

$687,207 medical negligence settlement after knee replacement

Australia Litigation

P

Polaris Lawyers

Queensland Government Bulletin: QIRC allows fair treatment appeal against employee's suspension with pay

Australia Employment

HR

Holding Redlich

Professional misconduct: Health Care Complaints Commission v Tan [2024] NSWCATOD 31

Australia Healthcare

GC

Gilchrist Connell

Can you make a public liability claim for gym injuries?

Australia Litigation

S

Stacks Law Firm

Understanding what is Duty of Care definition

Australia Litigation

JS

JB Solicitors

Kneale v Footscray Football Club Ltd – Cautions For Both Sides Of Institutional Abuse Claims

Australia Litigation

KG

K&L Gates LLP

Asic Releases Second Report On Reportable Situations Regime

Australia Litigation

KG

K&L Gates LLP

Funds Update – 3 November 2023

Australia Litigation

HS

Herbert Smith Freehills Kramer LLP

Global healthcare insights: claims inflation and driving earlier resolution of claims

Australia Litigation

K

Kennedys

See more

Latest Videos

See more

Full Disclosure, Vol. 8: What is Medical Negligence?

MO

Mellor Olsson Lawyers

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More