Negligence Law and Lawyers

Negligence Claims

The law of negligence applies to many areas of the law. People can suffer from someone elses negligence at work, on the road, or in public. If you have been injured at work on the road or in public, please see our other legal areas, in particular, Workers Compensation, Motor Accident Compensation and Public Liability Compensation.

If you, or someone you know, has suffered due to negligence then please complete our free online legal enquiry form on the left, or click here.

Broadly speaking negligence claims can be broken up into the following two main areas:

  1. Medical Negligence;
  2. Professional Negligence; and
  3. Other Negligence Matters.

Medical Negligence

Medical negligence claims involve claims against doctors, dentists, hospitals, nurses and other healthcare and medical providers. For more information please see our medical malpractice page. Medical malpractice or medical negligence claims can involve the following claims:

  • birth injury claims
  • pregnancy and maternal injury claims
  • spinal injury
  • adult brain injury
  • surgery claims
  • cancer claims
  • claims for misdiagnosis
  • cosmetic surgery claims
  • sports injury claims
  • eye treatment claims
  • claims against GPs
  • accident and emergency claims
  • inquests and claims following death
  • hospital negligence claims
  • dental/dentist negligence claims
  • negligent nursing claims
  • negligent medical advice claims

Professional Negligence

Professional negligence claims generally involve claims against professional workers and can involve claims for negligence against bankers, architects, surveyors, estate agents, solicitors, accountants, brokers, patent agents, trade mark agents, financial advisers, doctors, other healthcare professionals, auditors, auctioneers, computer consultants and any other advisor whose advice complained of was given in a professional capacity.

Generally speaking, the requirements for making a successful claim in negligence are:

  • the existence in law of a duty of care situation (i.e one in which the law attaches liability to carelessness);
  • there has to be recognition by law that the careless infliction of the kind of damage complained of on the class of person to which the claimant belongs by the class of person to which the defendant belongs is actionable;
  • breach of the duty of care by the defendant (ie. that the conduct complained of fails to measure up to the standard set by law);
  • a causal connection between the defendant's careless conduct and the damage;
  • that the particular kind of damage to the particular claimant is not so unforeseeable as to be too remote.

When these 4 requirements are satisfied, the defendant is liable in negligence. Only then is it relevant to consider the assessment of damages, that is, the compensation for the damage for which the defendant is responsible.

If you, or someone you know, has suffered due to negligence then please complete our free online legal enquiry form on the left, or click here.

Negligence Law and Examples of Negligence

Negligence is the failure to use reasonable care. That is, negligence is measured against what a reasonable person would have done under the same or similar circumstances. This can include a wrongful act as well as not doing something. Negligence claims can range from someone not mopping up a spill on the floor to a professional not providing proper professional advice (also known as professional negligence).

If you are injured or have suffered damages because someone else acted in a negligent manner, you may have a cause of action, or a lawsuit, against the person who acted unreasonably.

Strict time limits apply for matters involving negligence. You should seek legal advice as soon as possible. So don't delay - complete our fast, free Legal Enquiry Form NOW!

Elements of Negligence

Apart from that already mentioned above, generally speaking, for negligence to be established, the plaintiff must be able to prove that:

  • there was a duty of care,
  • that this duty was breached, and
  • that this breach caused the injury.

Forms of Negligence

There are many forms of negligence. Some examples of negligence can include, but are not limited to:

  • a manufacturer breaching their duty of care by providing a defective and unsafe product. For example, a person buying a cereal box and finding glass in the box.
  • a driver breaching their duty of care to drive safely on the road. For example, a driver running a red light.
  • an employer breaching their duty of care to provide a safe workplace and ensuring the right safety measures are in place. For example, an employee injuring their back trying to lift a heavy box.
  • the owner of a shopping centre breaching their duty of care to provide a safe place for you to shop. For example, a customer tripping over a broken tile.
  • a doctor breaching their duty of care in providing the wrong medical advice and treatment. For example, a doctor prescribing the wrong medicine.

If you have been injured or suffered property damage due to someone else's negligence, then you are entitled to make a claim for compensation.

The purpose of compensation is to compensate you for the following possibilities:

  • Loss of earning capacity
  • Physical disabilities and medical problems both now and later on in life, when you get older
  • Medical and hospital costs
  • Attendant care and rehabilitation costs
  • Damaged or destroyed personal property
  • House and motor modifications to accommodate your injuries
  • Dependant spouse and / or dependant children
  • Other compensation entitlements, damages and loses

If you, or someone you know, has suffered due to negligence then please complete our free online legal enquiry form on the left, or click here.

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Negligence Law and Lawyers News

NEWS & FURTHER INFORMATION - NEGLIGENCE LAW & LAWYERS

NEGLIGENCE CLAIMS

In making a negligence claim, a person injured in an accident often alleges that the defendant was negligent in some respect, and that such negligence led to the accident and injury.

Courts may, from time to time, have put forward slightly varying versions of the legal definition of negligence but the basic idea is that a person is negligent if he fails to do something a reasonable person would have done, or if he does something that a reasonable and prudent person would not have done.

In real life situations, the law applies the concept of negligence together with the related concept of duty of care to resolve questions about who takes legal responsibility for an accident and injury.

What is Negligent Behaviour in the Eyes of the Law?

In systems of common law, the term ‘negligence’ is mostly used in connection with claims for monetary or financial compensation for physical or mental injuries suffered in accidents caused by careless or negligent behaviour on the part of others.

Negligence is not the same as carelessness, because a negligent person may in fact be acting with as much care as they are capable of exercising. Negligence is definable as the opposite of diligence in that it falls short of behaviour that a person could expect from another who would act to protect other people from foreseeable risks.

Through the legal procedure of making personal injury and accident claims, a person who has been injured can show that they were injured as the result of another person’s negligence. They are able to recover damages in the form of compensation from the negligent individual. This compensation can cover any injury or damage caused to the person; physical, mental or financial.

What are the Benefits of Hiring a Negligence Solicitor?

If you feel you have suffered or been involved in an accident that was a result of another’s negligence, you should consult a solicitor to find out if you are entitled to compensation. There are great numbers of specialist solicitors, independent, or belonging to a firm, who would love the opportunity to get you the money you deserve.

It is important that you find a solicitor who specialises in the area of negligence claims that your case falls into. For example, if you want to issue a medical negligence claim because your dentist overlooked the cause of the problem, you want a solicitor who is going to be able to fight for your case with expertise and experience.

Professional Negligence Disputes

Disputes about negligence in professional work environments are not as uncommon as people may think and are usually the result of improper conduct. They are often serious in nature and may result in litigation but it is always better if the dispute is setlled prior to court.

It is wise for a client who fears they have been given false advice or have been provided with an inadequate service, that they contact one of our professional negligence dispute solicitors, who is guaranteed to be experienced and knowledgeable in this area.

Important Concepts in Negligence Claims

Duty of Care

In Australia, people have a duty of care towards each other to ensure that people are protected from risks and injuries that could have been prevented. A duty of care exists between two people when the potential harm is deemed ‘reasonably foreseeable’ to the other person. There must be a close relationship between the two people and it must be fair and reasonable for the duty to exist.

Breach of Duty

Once it has been shown that a person had a duty of care towards another person it must be proven that the person has breached or neglected that duty.  A person who causes harm to another by posing risks to other people and their property has breached their duty of care.

Burden of Proof

It is essential that the claimant is able to prove the other person’s responsibility in causing the problem and did truly demonstrate negligent behaviour.

If you would like legal help regarding a matter involving negligence, then please complete our free legal enquiry form.

Different Types of Negligence Cases

There are different types of negligence claims in the Australia. Each case is different depending on the nature of the complaint, the severity of the incident and who it involves. This page offers you information about different negligence claims and has links to other pages with more detailed information on each type of negligence claim.

Medical Negligence

In a case of medical malpractice or clinical negligence, it is required for the unsatisfied patient to demonstrate their Doctor’s incompetence through evidence. It is important for the judge to be able to compare the case to other Doctors’ proper conduct in order to ascertain whether the case and patient in question deserves compensation.

Professional Negligence


Professional negligence is definable as the type of negligence claim where a professional person, for instance, a Doctor, who leads you to believe they possess skills appropriate and expected for the specific role, when in actual fact they do not. Issuing a claim against a professional is simple if you find the right solicitor.

Criminal Negligence

Criminal negligence cases vary from case to case. There are minor criminal negligence cases, where an individual has been accused of being reckless to the extent of putting another’s life in danger without serious results. Alternatively, there are more serious negligence cases, such as drunk driving. Criminal negligence cases such as this could result in death and an individual could be charged with gross negligence.


Educational Negligence

Cases in educational negligence are not as common as the above negligence cases. This may be due to the fact that they are more costly and time consuming for both parties. It is desirable for a dispute involving an educational institution to be settled outside of court through a method of alternative dispute resolution (ADR). However, if the individual who feels they have been affected by the educational provider’s negligence, it is advisable to consult a specialist solicitor who will advise and guide you through making a claim.

Contributory Negligence

In a contributory negligence case, the individual who makes the claim for compensation is accused by the other party of being party responsible for the incident in question. This type of negligence case is common in road traffic accidents, where one party does not feel solely responsible for causing the accident.

If you, or someone you know, has suffered due to negligence then please complete our free online legal enquiry form on the left, or click here.


Negligence and compensation

Negligence compensation claims arise when someone has not taken the correct reasonable care. Negligence often proves to be the cause for personal-injury claims. If you suffer some sort of detrimental injury, you may well be entitled to negligence compensation. However, there are certain legal criteria which must be satisfied in order to prove negligence, and therefore receive compensation. If you have suffered an injury caused by the careless behaviour of another, you may be entitled to negligence compensation, and you will be more likely to succeed in your case with the help of a specialist solicitor.

The amount of negligence compensation depends on the injury which has been suffered. The amount will be determined by the amount of economic losses suffered, which may include potential loss of earnings and medical expenses as well as non-economic losses such as pain and suffering. As with most types of law, the case law relating to negligence is vast. Furthermore, there are many different types of situations in which negligence compensation may be available. Sports injuries, car accidents, medical-negligence claims and accidents at work are just a few of the examples.

Personal-injury lawyers who deal with claims for negligence must have detailed knowledge of the area and provide access to justice whilst ensuring they maintain the fairness of the judicial system. For this reason, it is important that if the situation arises where you may wish to claim negligence compensation, you obtain legal advice from a specialist personal injury solicitor.

If you would like to obtain legal advice on negligence, we can put you in touch with a local specialist negligence lawyer, free of charge. To requestlegal help regaring a negligence law matter, please complete your free legal enquiry form on the left.


TYPES OF COMPENSATION CLAIMS


If you have been involved in an accident of any description that was not your own fault and you have suffered a personal injury as a result, you may be entitled to make a personal injury compensation claim.

Whiplash Injury – Whiplash injury affects the tendons of the neck, muscles nerves and can cause a great deal of pain. If you have suffered whiplash due to a car accident whether you were the driver or the passenger you could be entitled to a substantial amount of compensation.

Back Injury – Back pain can be defined as acute or chronic. If you have suffered a back injury that wasnt your fault, you could be entitled to compensation.

Road Traffic Accident – What ever type of traffic accident you may have been involved in whether it is minor or more serious, you can obtain free impartial advice on whether to make a claim for personal injury compensation.

Crush Injury – A crush injury is when a part of the body is crushed between two on more objects. If you have had a crush injury that was not your fault then you could be entitled to make a personal injury compensation claim.

Construction Accidents – Most construction accidents that happen in the workplace could have been avoided if the company had followed the legal health and safety regulations. If you have had a work related accident causing a personal injury then you could be entitled to claim compensation.

Animal Attack Injury - If you have been attacked by an animal and sustained injury as a result, regardless of whether the injuries were either physical or physiological, you could be entitled to a compensation claim.

Car Accident - If you were injured as a passenger, pedestrian or driver as long as the incident was not your own fault, you should be entitled to claim compensation.

Motorcycle Accident - If you have been involved in a motorcycle accident, you were the rider or the passenger, as long as the accident was not your fault, you should be entitled to make a compensation claim.

Work Accident - Employers have the duty to make sure that their employees carry out the job function within a safe environment. Employers have to follow strict health and safety regulations. If your employer fails to comply with these regulations, your case for compensation will be much stronger.

Public Place Accident - If you have had an accident in a public place whether it was on an uneven pavement, footpath or in a public building like a shopping centre, swimming baths or restaurant you maybe entitled to claim compensation.

Slip, Trip or Fall - If you slip, trip or fall on an uneven pavement then your local council will be liable as they have a legal duty to make sure the pavement or street is in a good state of repair.

Head Injury - The personal suffering sustained from a head injury can be caused by a number of different circumstances like an assault or an impact to the head. Also the type of head injury can be from mild to severe. Providing that the incident was not your own fault, you should be entitled to claim compensation.

Medical – Medical Negligence is where an injury or death was caused by the negligence of a medical professional. If you or someone in your family have been injured or died, caused by incorrect medical treatment, then you or your immediate family may be entitled to make a compensation claim.

Types of accident compensation claims

To read more about our depth of knowledge and experience in dealing with your type of accident claim, please click on one of the personal injury claim types below:

Accidents at Work

We handle compensation claims for accidents at work, including assaults at work, accidents on construction sites, falls from heights and your rights when working whilst pregnant.

Asbestos Related Claims

Negligent exposure to asbestos dust and fibres can result in a number of asbestos-related diseases including mesothelioma, asbestosis, pleural thickening, and asbestos-related lung cancer.

Harmful Substances

Exposure to harmful substances can occur in both industrial and domestic situations, often affecting large numbers of people. Personal injury lawyers can help with claims for compensation following this type of injury, including those that can be brought by a group of claimants, known as class action claims.

Industrial Diseases

Industrial injuries, such as vibration white finger, dermatitis and industrial deafness, as well as the many forms of asthma and other respiratory conditions that can be induced by exposure to harmful substances.

Injuries at Work

We handle compensation claims for injuries at work, including assaults, construction site accidents, falls from heights and information about working whilst pregnant and your employers duty of care.

Medical Negligence

We handle all types of medical and clinical negligence injuries from those suffered during pregnancy and the birth of your baby, to negligence during surgical procedures leading to serious injury or even death.

Military Claims

Military Cliams can be complex and require specialist knowledge to ensure an accident claim is dealt with in the appropriate way. For example, “combat immunity” may apply if you are injured during active operations. However, you may still be able to make a claim.

If you were injured in a non-combat situation due to the negligence of a section of the armed forces, you may be able to bring a claim in the usual way. Personl injury lawyers have in-depth experience of dealing with these types of claims.

Product Liability

Product liability covers a number of areas of consumer law. It includes injuries resulting from defective products and faulty goods such as, Orthopaedic Aids and injuries caused by Pharmaceuticals such as allergic reaction to cosmetics. It also covers injuries caused by the failure of implants or products regulated by the Medicines and Healthcare Products Regulatory Agency.

Public Liability

Public liability relates to the duty of care that must be provided to protect members of the public against accident or injury by those responsible for the premises where the accident occurs. The types of accidents are many and varied, but may include slips, trips or falls in public places such as the public highway, public squares and parks or amusement parks.

Road Traffic Accidents

People injured as the result of a road traffic accident may include the driver, passengers, motorcyclists, cyclists, pedestrians, or several of these in the same road accident.

Serious Injury

A serious injury can occur as the result of any of the above listed personal injury claim types. In some instances, they can of course be fatal and personal injury lawyers have extensive experience in dealing with the families of those seriously or fatally injured to ensure they receive their rightful accident compensation.

If you believe you have a claim for compensation and would like a lawyer to help you, then please complete your free legal enquiry form on the left.

Negligence Law and Lawyers Updates

If you have suffered an injury in an accident, however major or minor your injuries, then you should consider the possibility of making a compensation claim at law.

Basically if someone (or something) else was, at least in part, responsible for your injury then you have a possible personal injury claim.

To find out if you can claim compensation due to someone's negligence, please complete free legal enquiry form on the left.

Any type of incident could give rise to a legal claim for compensation.

Some of the most common are :

• Accidents at Work
• Slipping/Tripping accidents
• Accidents in your car
• Incompetent treatment by a GP or in hospital
• Motorbike accidents
• Shoddy work by a dentist

If you believe you have a claim for compensation arising from someone's negligence, then please complete a free legal enquiry form on the left to request legal help from a compensation lawyer.

Personal Injury compensation claims include:

  • Accidents in Public Places
  • Asbestos Related Illnesses
  • Claim Information and Accidents
  • Hazardous Substances Claims
  • Industrial Diseases
  • Medical Negligence Claims
  • Military Accidents
  • Personal Injuries
  • Product Liability Claims
  • Road Traffic Accidents
  • Serious Injury Claims
  • Workplace Accidents
  • Brain Injury from Medical Negligence
  • Child Brain Injury
  • Criminal Injury Claims
  • Head Injury - Professional Negligence
  • Head Injury Abroad
  • Head Injury in a Public Place
  • Head Injury at Work
  • Head or Brain Injury from a Road Traffic Accident
  • Military Head Injury Claims

If you believe you have a claim for compensation arising from someone's negligence, then please complete a free legal enquiry form on the left to request legal help from a compensation lawyer.

Most personal injury lawsuits are based on negligence. This is easily explained. Everyone makes mistakes, and mistakes often amount to negligence. Furthermore, many people are insured against their mistakes. They have automobile insurance and homeowner's insurance; businesses carry general liability insurance to cover such misfortunes as slip and fall injuries by patrons.

Certainly, people sometimes cause harm intentionally. As a practical matter, though, relatively few lawsuits result from intentional torts because insurance coverage is generally not available for intentional wrong acts. Automobile insurance and other types of insurance provide the "deep pockets" into which personal injury plaintiffs can reach for compensation.

Negligence is the Failure to Use Reasonable Care Under the Circumstances

The tort of negligence amounts to the failure to use reasonable care under the circumstances. The elements of negligence are:

•Duty - the obligation to use reasonable care to avoid injuring the plaintiff.
•Breach of duty - the failure to use reasonable care.
•Proximate cause - legal responsibility for bringing something about.
•Harm - actual loss or damage that results from the failure to use reasonable care.

Some torts, such as defamation, can be committed either negligently or intentionally.

Compensation for Negligence Means Recovering Money for Economic and Non-Economic Losses

A plaintiff with a negligence claim may recover compensatory damages—money intended to compensate for the actual losses suffered. Compensatory damages cover economic losses such as present and future medical expenses and costs of property repair. Plaintiffs may also recover for non-economic losses such as pain and suffering. Punitive damages, awarded over and above compensatory damages and intended to punish the wrongdoer, are not available for simple negligence.

Personal Injury Compensation for Intentional Harm

Intentional torts include such wrongs as battery, assault and false imprisonment. The intentional torts all have various elements, but they share the common element of intent. In a negligence case, the defendant has failed to conform to a particular level of reasonable care, thereby creating an unreasonable risk of harm. In an intentional tort case, the defendant either wanted to harm the plaintiff, or knew there was a substantial certainty that his or her act would harm the plaintiff.

Compensation for Intentional Torts Includes Compensatory and Punitive Damages

The plaintiff in an intentional tort case may recover compensatory damages for his or her losses. Additionally, because the defendant often acts with malice in committing an intentional tort, punitive damages are usually available. Many intentional torts are also crimes for which the government may prosecute the perpetrator.

Strict Liability is Liability Without Fault for Engaging in Inherently Dangerous Activities

Strict liability applies when a person is engaged in an inherently dangerous activity, such as using explosives or keeping vicious animals. A person who engages in such activities is subject to liability for any harm that results even if the person took great care to prevent harm from occurring. The plaintiff need not prove the defendant acted unreasonably or with the desire to harm her.

Strict Product Liability Applies to Defective Products

Strict liability may also apply in the case of defective products. The rationale behind strict product liability is that anyone who places a defective product into the stream of commerce - from designers to manufacturers of component parts to retailers and anyone in between - can be held liable if the product injures someone.

Compensation for Strict Liability

In a strict liability lawsuit, including a product liability lawsuit, a plaintiff may recover compensatory damages for actual harm caused by the defendant's dangerous activity. Additionally, punitive damages may be possible if the plaintiff can show the defendant acted with malice in allowing the injury to occur.

A plaintiff who believes he or she has a personal injury claim should contact a personal injury attorney immediately. Most jurisdictions place time limits on bringing a personal injury lawsuit.

Public Hospital Restructure (again!)

Wed, 06 Jul 2016 09:20:11 +0000

It is no doubt my age..  but I have an acute sense of deja vu! As from 1 July 2016, we have ‘reverted’ to the old scheme of Boards of Management running our major hospitals (and geographic areas).  See the Health Services Act 2016 + the 30 June 16 Government Gazette. The consequence, if I… Continue Reading

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Ian Harris’ book: whistle blown and common unnecessary operations listed

Sun, 13 Mar 2016 07:28:29 +0000

I read with interest the article in last weekend’s Sydney Morning Herald concerning Ian Harris’s recent book. In the interests of full disclosure, Ian is an orthopaedic surgeon from whom we commonly seek advice, as an independent expert to review and comment on orthopaedic cases we are investigating. He strikes me as a sensible and… Continue Reading

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Fatal Accidents (which aren’t accidents) : the ‘missing’ claim

Sun, 07 Feb 2016 06:55:56 +0000

Coincidentally, in month or so before Christmas I have handled pre-trial settlement negotiations in relation to 2 similar cases, in the sense they both involved negligence allegations which it was claimed had led to the death of my clients life partners (in old fashioned speech: wives..). Although the background and issues with the medical care… Continue Reading

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An example of the dangers of self-representation

Wed, 06 Jan 2016 04:02:25 +0000

My impression is that there has been an increase in recent times of cases presented before our District Court in which claimants have represented themselves, without a lawyer. A sobering example of the dangers of this course, is the New South Wales Supreme Court’s recent decision in Fan -v- South Eastern Sydney Local Health District (No. 3) [2015] NSWSC 1620.… Continue Reading

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Caesarian v Natural Delivery : the debate continues

Wed, 17 Jun 2015 00:29:09 +0000

I read with interest the recent article in The Guardian provided an update as to the ever escalating rate of cesarean section births in Australia. The article makes all of the well-known [predictable?] arguments in favor of natural delivery. It is true, the divergence between cesarean section rates in Australia and the World Health Organization’s… Continue Reading

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Time Limit for a Medical Negligence Claim: Court of Appeal generous as to extensions

Fri, 10 Apr 2015 10:26:47 +0000

Western Australia’s Court of Appeal in its decision AME Hospitals PTY, Limited v. Dixon [2015] WASCA 63, delivered on 27 March 2015, confirmed, particularly relevantly in the medical negligence claims area, significant scope for persons to bring claim outside the basic 3-year time limit for such claims arising since November 2005 and the introduction of the Limitation… Continue Reading

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UK adopts Rogers + ‘patient driven’ test about risks disclosure for medical treatment

Mon, 06 Apr 2015 03:40:43 +0000

The UK has recently altered its position in relation to the important question of a doctor’s obligations to warn their patients concerning risks of treatment. Preceding the decision in Montgomery v. Lanarkshire Health Board [2015] UKSC 11, delivered on 11 March 2015, the UK had long maintained its acceptance of the so-called Bolam principle, reiterated… Continue Reading

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Mules v Ferguson: peer defence overturned + patient wins!

Mon, 02 Mar 2015 01:19:55 +0000

I read with interest the Queensland Court of Appeal’s recent decision in relation to this matter. The Court of Appeal by a 2:1 majority overturned the trial judge’s earlier rejection of this medical negligence claim. The case involved allegations of negligence against a general practitioner for failing to refer a patient ultimately found to suffer… Continue Reading

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delay in cancer diagnosis: consequences unpredictable

Wed, 25 Feb 2015 00:47:04 +0000

I read with interest recent medical literature, reporting on research at Johns Hopkins, emphasising the role of a 3rd factor in cancer incidence. Debate has traditionally focussed on the ‘environmental -v- hereditary’ nature of many cancers.  New research, as reported, has confirmed that ‘luck,’ bad or otherwise, appears to be an even more important factor.  Random… Continue Reading

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Botox + Dermal Fillers (+ IPL) – they may be more dangerous than you think!

Wed, 19 Nov 2014 00:32:06 +0000

We have recently agreed to act on behalf of a client who has suffered significant irreparable facial scarring/disfigurement as a consequence of dermal fillers, she underwent earlier this year @ a slick, web-advertising, brochure wielding, ‘wellness’ clinic in Perth’s metro area (can’t you just picture the ‘world muzac’/running water + Buddha heads!). We have now… Continue Reading

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These news come from West Australian Medical Negligence Law Blog.

Researchers Learn New Method of Triggering Cell Death

Fri, 03 Jun 2016 07:54:00 EST

Apoptosis is the natural process of programmed cell death. It allows for the removal of unwanted cells from the body. Cancer is a result of the lack of or incorrect process of apoptosis as cells are able to grow unchecked and immune to defense cells.

Bak is a protein that is pertinent to the process of apoptosis. It is present in healthy cells in a dormant state. When the cell receives a signal, triggering apoptosis, Bak transforms into a killer protein. 

Researchers Dr. Sweta Iyer, Dr. Ruth Kluck, along with colleagues, published their findings in the journal Nature Communications explaining the discovery of a process to directly activate the Bak protein.

The Bak protein could be activated through the binding of an antibody. Researchers were able to produce such an antibody.  The discovery of this antibody was unintentional and unexpected.

The discovery of this protein will be helpful in the development of other drugs to promote cell death.

Researchers analyzed Bak’s three-dimensional structure to determine exactly how the antibody activated Bak. Bak is primarily activated by a specific class of proteins called BH3-only proteins; however the antibody discovered is not a part of this class. The BH3-only proteins bind to a specific groove on Bak, while the antibody binds to a different area, yet both trigger the activation of the Bak protein.

There is a characteristic of this antibody that proves particularly useful to the creation of a cancer drug.  Survival proteins alter the drug’s effect on the tumor and allow it to become drug resistant but this particular antibody cannot be neutralized by these proteins.

Read the source article here.

 

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What's the chance of new cancer drug being approved by FDA?

Fri, 03 Jun 2016 07:49:00 EST

Cancer Drugs are least likely to receive FDA Approval,

There was a new study of potential cancer drugs that gives insight into which experimental therapies are best predicted to one day enter the market.

Due to the sheer size of the study, it was run by multiple parties; Biotechnology Innovation Organization (BIO), the largest biotech trade association, and BioMedTracker and Amplion, two business intelligence firms.

The study found that drugs that target blood disorders have the greatest chance of receiving FDA approval while cancer drugs have the smallest changes.

Dave Thomas, the main author from Biotechnology Innovation Organization, explained that this is largest study of its kind. Over 10 years of data was analyzed following human clinical trials.

Human clinical trials occur in three phases, allowing the progression of the experimental therapy to be measured.  On average, there is less than a 10% chance of a potential drug to pass from phase I to phase II.  Phase I focuses only on the safety of the drug, while phase II and III focus on efficacy of the drug.

The study compared medications to target blood disorders, infectious disease, eye diseases, psychiatric and cardiovascular issues, cancers and others.

Drugs targeting blood disorders, hematology, had the greatest approval rating at just above 26%. Infectious diseases and ophthalmology (eye diseases) had similar chances at about 19% and 17% respectively. Cancer drugs ranked in the bottom along with psychiatric and cardiovascular medications with about a 5%, 6.2% and 6.6% approval rating likelihood, respectively.

The study also demonstrated that drugs with highly-personalized clinical trials, where the patients being treated were relatively homogenous. It is easier to form a therapy when the target is more similar.

The FDA also gives priority to medications for rare disorders.

Here's the source article.

 

 

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Commonly Prescribed Painkiller may Slow Cancer Growth

Thu, 02 Jun 2016 07:07:00 EST

This drug is prescribed as a pain and anti-inflammatory treatment.

Scientists from the Florida Campus of the Scripps Research Institute (TSRI) have found that it slowed the growth rate of cancer cells in animal models and may have the same effect on human tumors.

Cancer Research, the journal, published the study which focused on the effects of the drug, celecoxib (Pfizer’s Celebrex).

Celebrex functions by targeting an enzyme, cyclooxygenase-2 (COX-2). This enzyme is linked to pain and inflammation.

COX-2 is also important in the formation of prostaglandins. These compounds act like hormones and promote tumor growth. In normal tissue, COX-2 expression is low but high in many types of cancers.

TSRI Associate Professor, Joseph Kissil led the study and explained that the original purpose of the study was to determine “what a particular signaling pathway does in cancer.” While researching, it was found that the signaling pathway activates genes that may enable the survival of tumor cells by turning on enzymes involved in inflammation.

Researchers tracked the effects of celecoxib on cancer cells in animals. They focused on a particular tumor type known as neurofibromatosis type II (NF2). NF2 is relatively rare in humans; it is a result of mutations in the anti-tumor gene NF2.

Animals in the study received a dose of the drug every day and then tumor growth was monitored and measured through imaging. The results demonstrate a there is a significantly slower tumor growth rate in the animals treated with celecoxib when compared to the controls.

The study demonstrates that COX2 inhibitors have an impact on tumor cells. Researchers believe that the drugs role in inflammation is the cause of this and may have a greater effect in other cancers.

Here's the source article.

 

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Greater Cancer Risk linked to Common Abnormal Heart Rhythm

Thu, 02 Jun 2016 07:02:00 EST

New study suggests that women with a common heart rhythm abnormality are at an increased risk of developing cancer, most commonly, colorectal cancer.

The lead researcher, Dr. David Conen from the University Hospital in Basel, Switzerland found a significant relationship between the atrial fibrillation and the presence of cancerous cells.

Atrial fibrillation is the most common type of abnormal heartbeat and is usually associated with an increased risk of stroke and other heart problems. It affects about 33 million people worldwide.

The study demonstrates an association between the two rather than atrial fibrillation causing cancer.

The study followed about 35,000 healthy women aged 45 and older for 20 years. Of these 35,000 women, those who developed atrial fibrillation had a 60% increased risk of cancer diagnosis.

Conen added that there may be a real connection between atrial fibrillation and cancer however it is more likely that there are other shared risk factors for both conditions. These factors include smoking and obesity.

It is believed that men most likely have the same risk however the study did not look into men and the relationship between atrial fibrillation and cancer.

The best ways to reduce your risk of atrial fibrillation or cancer is to lose weight, quit smoking, and exercise. By reducing the risk of one, you reduce the risk of the other.

At the beginning of the study, the female subjects did not have atrial fibrillation or other heart problems or cancer. They were then followed between 1993 and 2013 to see if they had developed either atrial fibrillation or cancer.

Increased risk was highest over the three months after having developed atrial fibrillation but continued to persist long term.  

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Cases of Colon Cancer in People Under 50 is Rising

Thu, 02 Jun 2016 06:56:00 EST

In the United States, the overall rate of colon cancer is declining however in a study shows that in the last ten years, the rate of colon cancer in people under 50 has increased by more than 11%.

The study also found that the number of colon cancers in people aged 50 and older fell by nearly 3%.

The lead researcher, Dr. Elie Sutton is a research fellow at Mount Sinai West Hospital in New York City and explained that health care providers should more proactively monitor younger patients for any symptoms.

Dr. Elie Sutton continued to say that there is no clear explanation as to why colon cancer is increasing in younger patients. There is speculation that it is a result of an increase in inflammatory bowel disease or a change in diet.

 Researchers in the study found that individuals under 50, diagnosed with colon cancer more frequently were diagnosed when the cancer had advanced to a later stage.

According to the US National Cancer Institute (NCI), colon and rectal (colorectal) cancer is the third most common cancer. An estimated 134,000 new cases of colorectal cancer will arise in 2016. Colorectal falls just behind lung cancer as the second leading cause of cancer deaths.

Researchers of this study reviewed more than 1 million colorectal cancer cases ranging from 2004 to 2013. This data was listed in the National Cancer Database.

The majority of cases of colorectal cancer occur after the age of 50 however the study found that the number of cases of people under 50 is rising about 1%.

This study mirrored the results of a study from January 25th that found that one in seven colon cancer patients is under 50.

Although younger patients are more likely to have an advanced stage cancer, they live slightly longer and with a smaller cancer recurrence because of the aggressive treatment they receive.

Rebecca Siegel, the Strategic Director of Surveillance Information Services at the American Cancer Society explained that although there is no definitive reason as to why the increasing rate at a young age is occurring, there are assumptions that it has to do with obesity and changing patterns in diet.

These studies are changing the screening guidelines to better prepare and diagnose patients.

Certain individuals under the age of 50 should undergo a colonoscopy, specifically those with a family history of colon cancer and with family members with benign tumors in the colon.

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Researchers Say We're Closer to Holy Grail of Curing Cancer

Thu, 02 Jun 2016 06:51:00 EST

A leading oncologist claims that a cure for cancer is nearer than it has ever been.

Advances in a revolutionary treatment called immunotherapy are now occurring at a rapid rate. In turn, patients benefit substantially.

Oncologists rarely use the word cure. They talk a lot about being “in remission” but cure is the “Holy Grail.”

With some of the immunotherapies, some patients appear to just go on and on with no resurgence of the disease.

One reason cancer cells thrive is because they are able to hide from the immune system. Immunotherapy on the other hand wakes up a patient’s own immune system so it can fight cancer.

Certain immunotherapies mark cancer cells, which makes it easier for the immune system to find and destroy them. Other immunotherapies boost the immune system to work better against cancer.

These treatments have been effective against lung, skin, kidney, bladder, and head and neck cancers. These are some of the most aggressive types of cancer which are extremely difficult to treat and together claim hundreds of thousands of lives each year.

In one British clinical trial, patients with advanced skin cancer who would have been declared terminally ill are now back at work and are predicted to live until old age. Some of the patients may never need treatment again, others may just require top-up sessions every few weeks or months.

Oncologists advice cancer sufferers who want to think about immunotherapy, they should have a discussion with heir oncologist. It is important to access the right information.

Some immunotherapy can be purchased off the shelf, but it is better to do it through a clinical trial in an area where the drugs are licensed. New drugs are provided free for clinical trials and scientist and drug developing clinicians were optimizing the benefits of the new drugs.

Here's the source article.

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Breast Cancer Prognosis linked to Genes of Normal Tissue

Wed, 01 Jun 2016 07:04:00 EST

A study led by the University of North Carolina Lineberger Comprehensive Cancer Center has found that the breast tissue surrounding tumors may be used to scale future survival outcomes. This study is limited to women with estrogen receptor-positive breast cancer.

The National Cancer Institute reports that approximately 70% of breast cancers are estrogen receptor-positive.

Researchers identified and linked a particular gene expression pattern in the surrounding breast tissue of women with estrogen receptor-positive breast cancer, to lower 10 year survival. 

This finding was published in the journal npj Breast Cancer.

There is belief that gene expression patterns will allow for the prediction of survival for patients. Gene expression patterns can be identified through the use of genomic sequencing.

The study’s first author, Melissa Troester, PhD., a UNC Lineberger Member, and an associate professor in the UNC Gillings School of Global Public Health Department of Epidemiology, stated that previous studies attempted to develop predictive biomarkers for the progression of cancer by focusing on tumor cells rather than the surrounding tissue. This study demonstrates that the microenvironment of the tumor as well as the tumor itself plays a role in the prognosis.

Multiple genomic characteristics of the surrounding tissue were analyzed by researchers in this study. Researchers focused on DNA mutations, repeat copies of genes, DNA methylation, and miRNA and Gene expression patterns. This study used samples from the Cancer Genome Atlas which is a multi-institution, collaborative effort.

Co-author Katherine Hoadley, PhD., explained that the surrounding tumor tissues are not as heavily monitored as the tumor itself. In many of the samples, evidence of tumor or changes in the tissue was found. There was no uniform genomic difference in the surround breast tissue to consistently identify defects, demonstrating the difficulty of determining differences.

Approximately 40% of the samples analyzed had some variation of DNA or RNA defect in the normal tissue outside the tumor margin. Genomic determining methods aided in the identification of cancer cells or defective normal cells. These cells were previously undetected using a microscope. The presence of cells with defects was not linked to a better or worse survival.

This study demonstrates the benefits of radiation therapy which has shown lower recurrence rates in women who chose breast-conserving surgery. It also reaffirmed that a wider surgical margin in surgery has no greater benefit as cells with genetic defects may be located as far as 4 centimeters away from the tumor.

Radiotherapy and adjuvant chemotherapy are more effective than a wider margin in surgery in eliminating cells with DNA defects, thus lowering recurrence rates.

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Can Lifestyle Affect Your Chances of Getting Breast Cancer?

Wed, 01 Jun 2016 06:54:00 EST

Leading researchers are saying that even women with genes linked to breast cancer can try to deter it by living a healthy lifestyle. Researchers found that women with a high genetic risk of breast cancer were deeply affected by their lifestyle as well.

A research team at Johns Hopkins came out with a new study about the importance of maintaining a healthy lifestyle to prevent breast cancer. The leading researcher on the study, Nilanjan Chatterjee, a professor at Johns Hopkins Bloomberg School of Public Health, said, “Those genetic risks are not set in stone.”

Which lifestyle factors were the most important?

There were four factors that were extremely important: maintaining a healthy weight; not smoking; limiting alcohol; and not using hormone therapy after menopause.

Experts found that if women followed these four factors then they could decrease their risk of getting breast cancer by 30 percent. They also surprisingly found that most of the deterred cancer cases would be amongst women with a genetic predisposition and family history to the cancer (but the study did not include women with the BRCA gene). The study focused on 92 gene variants with a predisposition to the cancer.

Chatterjee told CBS news, “Lifestyle factors may be even more important for women at higher genetic risk than for those at low genetic risk.” The recent findings were published in the Journal of the American Medical Association Oncology journal.

How was the study conducted?

Chatterjee's group created a model for predicting a woman's threat of breast cancer, using that genetic information plus other relevant factors. Those other factors included ones that cannot be altered in any way; this includes things like family history of breast cancer and the age menstruation started, in conjunction with lifestyle habits.

What did the study find?

In general the study shows that the average 30-year-old white woman has an 11 percent chance of developing breast cancer by age 80. The study found that even for women who would face higher odds because of their genes, lifestyle habits made the biggest difference in breast cancer prevention.

The study showed that even women with the greatest risks (the top 10 percent) ‘could get their breast cancer odds down to average by maintaining a healthy weight, not smoking and drinking, and not using hormone therapy’.

William Dupont, a professor at Vanderbilt University School of Medicine in Nashville, Tennessee, said, “The bottom line is, this study provides evidence that, on a population level, a certain number of breast cancer cases would be prevented if women did these things.”

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Study Identifies Proteins in Metabolism of Cancer Cells

Tue, 31 May 2016 10:33:00 EST

Cry-Electron Microscopy (cryo-EM) is a technology that allows for the visualization of proteins. Scientists broke through a technological barrier using this technology that will aid in drug discovery and development

National Cancer Institute’s (NCI) Sriram Subramaniam, Ph.D., led a research team that resulted in the picture taking of an enzyme found in cells, glutamate dehydrogenase, at a resolution of 1.8 angstroms. This level of detail has allowed for the structure of the central portion of the enzyme to be visualized in atomic detail.

Scientists from the National Center for advancing Translational Sciences (NCATS) provided contributions and aided to the discovery.

These advances benefit drug developers who could not potentially use cry-EM technology to modify drugs and witness the resulting change in structure, enabling a change or alternation in behavior for therapeutic effect.

Previously, the target proteins when bounded to drug candidates had to be coaxed to form arrarys. The traditional method of structure determination required the assembly of arrays so that X-ray crystallography could capture an image. An issue arose as not all proteins may form arrays easily and will not display the structure accurately.

Subramaniam stated that cry-EM technology allows for the structure determination of protein and potential drug candidates at a high level of detail. He believes this will “revolutionize and accelerate the drug discovery process.”

This study included the research on two small proteins, isocitrate dehydrogenase (IDH1) and lactate dehydrogenase (LDH), as they are active targets in terms of cancer drug development. The mutation of the genes that code for these specific proteins is found in several different types of cancer.  Scientists hope to use this imaging to identify molecules that will bind to and turn off protein activity.

The journal Nature Methods titled cryo-EM technology as the “Method of the Year” this past January.

Here's the source article.

 

 

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Lowered Risk for Individuals with Breast Cancer Prone Genes

Mon, 30 May 2016 10:55:00 EST

People with certain genetic changes have a higher than normal chance of breast cancer. Researchers say they can lower the risk, sometimes by a lot.

Researchers believe that about 30% of breast cancer cases found in white women could have been prevented. Four preventative measures include not smoking, drinking little alcohol, keeping a healthy body weight, and skipping hormone replacement therapy.

Nilanjan Chatterjee from the Johns Hopkins Bloomberg School of Public Health co-authored a report with his colleagues estimating that 28.9% of white women were at the lowest risk with these four factors. The report was published in the Journal of the American Medical Associations JAMA Oncology.

Hopelessness often follows people who find they have a “cancer gene” and Chatterjee hopes that these findings offer hope to these people. Genetic risk to breast cancer is partly dependent on lifestyle and habits.

The study and conclusion cannot be generalized to the average person, yet.

The increase in frequency of DNA analysis is a result of increased ease and decreased price for the tests. This has allowed people to discover rare mutations in their gene that increase their chances of cancer.

This study included the analysis of more than 40,000 cases of women with breast cancer and other medical ailments. Researchers looked at 92 different common mutations that are known to raise the chances of breast cancer. The study did not look at the BRCA1 and BRCA2 genes because they are the two best known and most studied breast cancer genes.

Although the BRCA genes are most known, the other 92 mutations account for more of the breast cancer cases than the BRCA genes.

There is hope that this model will serve as an aid for women, determining if women are at higher risk and should begin to receive mammograms at an earlier age.

This study will also help to enhance the breast cancer screening recommendations as it is primarily based on age at the moment.

More than 230,000 US women will be diagnosed with breast cancer this year, the American Cancer Society estimates. Of those 230,000 women, 40,000, or just over 17%, will die from the disease.

Outside experts, Dr. William Dupont, Dr. Jeffery Blume, Dr. Jeffrey Smith, believe that it is too early to use this study as an aid and that it should not serve in clinical decision making.

Women today use the Gail Method to calculate breast cancer risk. This method takes into account age, family history of breast cancer, pregnancy history, and race.

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Study Suggests Decline in Medical Errors

Mon, 30 May 2016 10:32:00 EST

Medical errors are the leading cause of death after heart disease and cancer in the United States.

However, another study suggests that doctors and other healthcare providers may be committing fewer medical errors today than in the past. This trend has held more or less steady since 2004. These findings are included in the recently released Chartbook on Patient Safety.

The Chartbook is part of a larger report to Congress issued by the Agency for Healthcare Research and Quality. Agency for Healthcare Research and Quality is one of twelve federal agencies that make up the U.S. Department of Health and Human Services.

In the latest Chartbook, Agency for Healthcare Research and Quality tracked medical malpractice payment reports to the National Practitioner Data Bank. Medical malpractice payment reports are one way to flag potential medical errors. The National Practitioner Data Bank is an electronic depository of medical malpractice payments and other adverse actions against doctors and other providers.

According to the Agency for Healthcare Research and Quality, between 2004 and 2014 the number of medical malpractice payment reports decreased by 28%. This declining trend was steady for every year except in 2013, when there was a slight increase in the number of reports.

Agency for Healthcare Research and Quality found that for the 10-year period most payments were related to alleged errors in treatment, diagnosis and surgery. Mistakes in these areas of medical service were followed in declining order by errors in obstetrics, medication, monitoring, anesthesia, equipment or products, behavioral health and intravenous blood products.

Harm to patients as a result of alleged medical errors ranged from emotional injury to death. Death accounted for more than one third of the alleged errors.

Although the decline is important, medical error remains a very serious problem in the United States.

Here's the source article.

 

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Uptick in Cancer Deaths During the Recession

Mon, 30 May 2016 10:26:00 EST

A new study found that wealthy countries experienced an increase in cancer deaths during the global economic crisis.

There were about 260,000 excess deaths between 2008 and 2010.

The analysis found evidence that access to medical care might explain the rise. Increases in the unemployment rate were associated with additional cancer deaths except in countries with universal health care, where access to health care coverage would not have depended on employment.

The associations between unemployment increases and mortality were statistically significant for treatable cancers, which include but are limited to breast and prostate cancer. However, types of pancreatic cancer deemed untreatable because survival rates are low were not statistically significant.

The study demonstrates that universal health care should be implemented and prioritized. It can protect populations from potentially unnecessary cancer deaths.

Researchers assert that it is important to invest in health care systems, otherwise the consequences could be fatal.

The study doesn’t prove that unemployment or cutbacks in heath spending were the trigger for the increase in cancer deaths. However, to put the increase in fatalities in perspective, there were about 9 million cancer deaths in developed countries over that time frame which constitutes an increase of about 3%.

The study analyzed cancer mortality data from more than 70 countries. The study found that a 1% rise in unemployment was associated with .37 additional cancer deaths per 100,000 people.

Research also found a five year lag which suggests that years after unemployment increases, additional people continued to die of untreatable cancers.

Once the researcher controlled for the presence of universal health coverage, those differences vanished.

The study did have limitations. The accuracy of cancer and mortality data varies widely by country. The pattern is only an association and can’t prove that the economic downturn caused more deaths.

Nevertheless, researchers believe that the findings support the idea that universal health care coverage could improve the prognosis for patients with cancer at an early stage.

Here's the source article.

 

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Long-Term Survival after Skin Cancer Due To Immune Drug

Sun, 29 May 2016 08:34:00 EST

A study tested the progression of a new drug and its efficacy towards helping skin cancer patients. This study had results demonstrating survival of at least three years where previously patients were given prognoses of just a few months.

The drug targets the immune system after a patient has been diagnosed with melanoma skin cancer.

Approximately 40% of melanoma patients in the study were still alive three years later.  Former President Jimmy Carter was treated with this drug after he was diagnosed last summer with melanoma that had spread to his brain.

The study’s lead author, Dr. Caroline Robert, explained that “these patients would be dead if it was five years ago” without the aid of this new drug.

The drug is Keytruda and it is part of a new class of genetically engineered anti-body based medicines. Cancers grow because proteins prevent the immune system from attacking cancerous cells. This immune targeting drug will block such proteins allowing the immune system to function correctly and recognize and kill the cells.

Immunotherapy is much less toxic than chemotherapy and is transforming the treatment of cancer.

This study provides the best long-term data ever for the treatment of melanoma skin cancer that has progressed and spread to other organs, explained Dr. Robert.

Carter has received this drug treatment after his diagnosis last summer and is responding well. He announced in March that he no longer needs treatment for cancer.

Cleveland Clinic cancer specialist, Dr. Dale Shepard, stated that the “drug has kept the disease under control and has been well-tolerated.”

Former President Carter is now 91 and was seen exuberant earlier this month when he helped to give an honorary humanities degree to Gregg Allman at Georgia’s Mercer University where Carter acts as a trustee.

The study of Keytruda was followed up with over 650 patients and led to the approval of Keytruda in 2014 for advanced melanoma.

Of this study, 85 patients remain cancer free which raises hope for an eventual cure.

 The Keytruda study was released by the American Society of Clinical Oncology at a news briefing.

Approximately 77,000 people will be diagnosed with melanoma in a year and from that, 10,000 people will pass away from the disease. Although melanoma is much less common than other skin cancers, it is much more aggressive and likely to spread to other organs.

This drug acts a game-changer and allows for many patients to return to work and live productive lives after treatment.

Here's the source article.

 

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Antibodies Can Reprogram Cells to Kill Tumor Cells

Sun, 29 May 2016 08:29:00 EST

Research institute, Karolinska Institutet in Sweden has generated antibodies that will aid the immune system. These antibodies will reprogram certain macrophage cells located in tumors allow for the immune system to recognize and kill tumor cells. This study shows potential for a new therapy that may aid in the diagnosis and treatment of breast cancer and malignant melanoma.

Immunotherapy is a cancer treatment different than chemotherapy as the immune system itself is enhanced in order to kill the tumor cells.

Research team member, Mikael Karlsson, explains that the antibodies activate macrophages within the tumor and studies show promising results in regards to three different cancers studied.

In 2013 the leading scientific journal Science described immunotherapy as a groundbreaking achievement. Antibodies increase and enhance the ability of T-cells to kill tumor cells. However certain tumor cells are still able to conceal themselves by emitting signals that prevent recognition.

The focus of this study centers on macrophages which normally target viruses. Researchers were able to reprogram and activate macrophages which showed a stop in growth and spread in mice. Antibodies were used to target a protein on the cell surface.

Research demonstrates that this type of macrophage is present in breast cancer cells and in malignant melanoma cells. There is hope that an antibody can be developed to reprogram the macrophages.

There is also an interest in the use of macrophages in human tumors for the diagnosis of cancer diseases.

Here's the source article.

 

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New Precision Cancer Treatment Outperforms Old Treatments

Sun, 29 May 2016 08:24:00 EST

A new “precision” cancer treatment appears to outperform traditional chemotherapy treatments. This new method is guided by genetic clues from the individual patient’s own tumor.

Patients who received the personalized treatment experienced tumor shrinkage at a rate six times greater than the normal chemotherapy treatments. This is only possible when doctors used specific genetic information that allows for targeted therapy, explained lead researcher Maria Schwaederle.

According to the analysis of nearly 350 clinical trials, patients experienced nearly double the time before the cancer resumed growing when compared to normal chemotherapy.

The overall data and conclusions of this treatment method are still considered as preliminary until the results have been published in a peer-reviewed medical journal.

This treatment works to aid the immune system recognize, identify, and destroy cancer cells, block cancerous-cell division, and stop the formation of blood vessels used to feed the tumors, and order apoptosis, or preprogrammed cell death.

Dr. David Hyman, a medical oncologist and director of developmental therapeutics at Memorial Sloan Kettering Cancer Center in New York City, explains that this study demonstrates the potential power that precision medicine has.

This procedure works as it allows for specific drugs to treat specific cancers. Unlike chemotherapy treatment which is a drug that has no relation to the tumor itself, the precision treatment on the hand, more strongly relates to the tumor and patient themselves.

Targeted therapies are used for a variety of cancers like the drug Erlotinib (Tarceva) used for lung cancer, the drug dabrafenib (Tafinlar) used for melanoma, and trastuzumab (Herceptin) for breast cancer.

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FDA Approves Bladder Cancer Immunotherapy

Fri, 27 May 2016 10:34:00 EST

The U.S. Food and Drug Administration approved an immunotherapy developed by Roche for the treatment of advanced cases of urothelial carcinoma. Urothelial carcinoma is a bladder cancer.

According to the American Cancer Society, there are expected to be about 77,000 new cases of bladder cancer this year in the United State and 16,000 deaths. About three-quarters are in men, making bladder cancer the fourth most common cancer in men.

Bladder cancer is treated with surgery, chemotherapy and radiation, although those are not very effective once the cancer is in advanced stages.

The therapy, called Tecentriq, works by preventing a protein called PD-L1 from binding to the PD-1 protein on T cells and inhibiting the body’s immune response.

Tecentriq is the fourth checkpoint inhibitor to be approved. Other checkpoint inhibitors inhibit the same immune interaction but do so by binding to PD-1, whereas Tecentriq binds to PD-L1.

This is the first checkpoint inhibitor approved for bladder cancer.  

In a clinical study, 14.8& of patients had their tumors shrink significantly following treatment. In 5.5%, the cancer disappeared completely.

According to The Wall Street Journal, the treatment will cost about $12,500 a month.

The U.S. Food and Drug Administration also approved an accompanying diagnostic that measures PD-L1 levels in order to asses a patient’s likelihood of responding to Tecentriq. Patients with high PD-L1 had the most success on the therapy. Tumors shrunk in about 26% of patients and 12% of patients experienced complete remissions.

However, it is unclear how much of an impact immunotherapy will have on bladder cancer since patients have not been followed for a long time. Regardless, the U.S. Food and Drug Administration found Roche’s data compelling enough and the need urgent enough to approve Tecentriq about four months ahead of the agency’s September 12 deadline.

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Natural Killer Cells Fight Cancer

Fri, 27 May 2016 10:13:00 EST

Researchers have recently identified a mechanism that causes natural killer immune cells to show mercy to cancer.

Natural Killer cells are specialized white blood cells that act as the immune system’s assassins. Their job is to locate and eradicate “deviant” cells in the body that may pose a threat.

The ability to switch it off had a dramatic effect on mice with normally lethal skin, prostate and breast cancers.

Natural killer cell action against the tumor was stepped up and prevented deadly metastasis. Deadly metastasis is the spread of cancer to vital organs in the body.

In breast cancer, tumor growth in the mammary glands was significantly reduced.

Researchers are hopeful that this research will lead to new immunotherapies that supercharge the body’s natural killer cell and maintain it in a highly active state to more efficiently and specifically fight cancer.

Some of the cells targeted are infected while others show signs of becoming cancerous. Once a deviant cell is identified, the natural killer cell releases a chemical called perforin that blasts holes in its outer membrane. Other molecules fired through the holes cause the cell to fall apart or self-destruct.

The immune system also possesses a complex system of checkpoints that in certain situations tone down its responses to prevent accidental damage to healthy tissue.

Researchers found that a particular checkpoint pathway had the effect of taming natural killer cells.

An inhibitor protein made inside the cells limited their ability to respond to an activating signal that issues the “command” to kill cancer.

Once researcher silenced the protein’s gene, they were able to enhance the ability of natural killer cells to protect mice against melanoma skin cancer, prostate cancer and breast cancer.

Immunotherapy is a hot topic in cancer research.

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Possible Link Between Light Therapy and Cancer

Thu, 26 May 2016 07:29:00 EST

Two new studies raise questions about a possible link between childhood cancer and light therapy for newborn jaundice.

These questions should alert clinicians to exercise caution in prescribing the treatment for infants whose jaundice is likely to resolve on its own.

However, the suggestion of a link should not deter use of the treatment in babies who otherwise would be at risk of brain damage or hearing loss.

Although the findings were inconclusive, the research represents an important and novel approach using “big data” to determine whether environmental factors play a role in the development of pediatric cancer.

Two studies examined an association between phototherapy and pediatric cancers.

The first study analyzed data from five million infants born in California hospitals between 1998 and 2007. The study used administrative data that linked the billing code for phototherapy and the diagnosis code of childhood cancer. The strongest association is a 1.6 fold increased risk of acute myeloid leukemia.

The second study analyzed data from 500,000 children born in the Kaiser Permanente Northern California healthcare system between 1995 and 2011. The associations between phototherapy and childhood cancer were not statistically significant, but and association with acute myeloid leukemia was again observed.

These studies come at a time when the number of infants receiving phototherapy is increasing partially due to the availability of light therapy units that can be used in the home.

In both studies, the associations were stronger and statistically significant among children with Down syndrome. Children with Down syndrome are already known to be at an increased risk of leukemia.

Studying childhood cancer is difficult because it is such a rare disease. To study childhood cancer, a researcher needs to find a way to study large populations. These two studies found a way to do just that. However, even in these studies of huge populations, the number of children who actually develop cancer remains quite small.

These studies suggest that phototherapy may not be harmless and that the risks as well as the benefits need to be weighed before flipping the switch.

Here's the source article.

 

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Can Exercise Reduce Cancer Risk

Thu, 26 May 2016 07:22:00 EST

Exercise is already known to reduce the risk of breast, colon and endometrial cancer by between 10% and 40%.

A new analysis of data from studies looking at about 1.4 million adults between the ages of 19 and 98 has found that exercise reduces the risk of an additional 10 cancers, including esophageal, stomach bladder and kidney.

Additionally, a study found that for many cancers, exercise reduces the risk even in overweight patients. This is especially interesting because the mechanism by which exercise is thought o protect form cancer is weight reduction.

Some researchers assert that exercise may help to repair DNA that is damaged by cancer-promoting substances and others say that exercise may also alter hormone levels and reduce inflammation.

The study showed that the risk of esophageal cancer for those engaging in the most exercise was 42% lower than for those engaging in the least. For seven of the cancers, the risk reduction was one-fifth or more.

The data was based on four hours of activity a week, which is the standard recommendation to prevent heart disease.

A second study, which took data from 136,000 Americans, found that anyone who quits smoking; does two and a half hours of moderate exercise a week has no more than one drink a day if a woman or two if a man; and keeps to a BMI between 18.5 and 27.5 is likely to reduce their bowel cancer by 30% and breast cancer by 12%.

Although these studies only report an observed association and can’t prove that exercise reduces the risk of cancer, they show that there is a strong link. Any type of exercise is beneficial, even taking the stairs instead of the elevator.

Here's the source article.

 

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New Research Could Lead to Earlier Detection of Colon Cancer

Thu, 26 May 2016 07:14:00 EST

Colorectal cancer is the second most common cause of cancer-related deaths in the western world. This is mainly due to a late diagnosis.

Therefore, finding ways to identify those who are at an increased risk of developed colon cancer is crucial.

Researchers’ work in genetically-engineered mice has helped to reveal the role played by a Western-style diet, rich in fat and low in fiber, vitamin D and folate, in the development of colorectal cancer.

Researchers believe that interactions between genetic and environmental factors play a crucial role in the development of colorectal cancer.

The earliest changes in normal colonic mucosa that could lead to early detection and prevention of cancer development remain a mystery.

Using a mouse model of Lynch syndrome, researcher carried out a long-term diet experiment. Lynch syndrome is the most common form of inherited colon cancer.

The Lynch syndrome mouse carries a mutation in MIh1 which is one of the main susceptibility genes in the disease. Each time cells divide, DNA has to replicate itself. During this process mistakes can be made, leading to genomic instability and potentially to cancer.

Lynch syndrome carriers have inherited one healthy and one mutated mismatch repair gene and about an 80% risk of developing cancer.

The results of the study showed that the gene expression profiles of normal mucosa int hose mice that developed colon cancer were very different from those of the mice that did not. This indicates that there is a colon-wide effect of events that predispose to cancer.

According to researchers, the Western-style diet seemed to be a severe risk factor, since 80% of cancer were detected in Western-style diet fed mice.

It has been generally assumed that the development of cancer in Lynch syndrome carriers needs an inactivation of both the mismatch repair gene alleles, thus causing microsatellite instability. However, this study shows that this is not necessarily the case, since a severely decreased amount of NIh1 without loss of the second allele and without microsatellite instability appears to be enough to provoke the development of tumors.

Researchers how to be able to further identify cancer predisposing changes which could help in the early detection of tumors.

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These news come from The Law Office Of Gerald Oginski, LLC Blog.

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by BD Bongiorno - 2001 - When a lawyer talks about negligence, he or she means the breach of a recognised legal duty of care, which causes damage. The damage may be, and in many ..


1 Law Reform (Contributory Negligence) Amendment Bill 2001 LAW ..


1 Law Reform (Contributory Negligence) Amendment Bill 2001 LAW .. claims in contract for damages for breach of a contractual duty of care, where the duty of ..


Legal issues


by D Mendelson - 2011 - - Common law compensation for negligently occasioned "pure" psychiatric injury .. award of damages in this case was successfully appealed to the Judicial .. which required that, for the duty of care to arise in pure nervous shock cases, ..


Negligent liability in sport


by N Schot - 2005 - - Finding that a duty of care exists is the first step in maintaining a negligence ... 76 'Statutory Limitations to Liability and Damages', [2003] Halsbury's Laws of ..


LAW REFORM (CONTRIBUTORY NEGLIGENCE AND ..


LAW

REFORM (CONTRIBUTORY NEGLIGENCE AND TORTFEASORS' .. the damages recoverable by a person who sues for breach of a contractual duty of care are to be reduced to the extent of any contributory negligence by the person.


CIVIL LIABILITY ACT 1936


Exclusion of conflicting common law principles PART 5--Wrongful acts or .. Particulars of person for whom damages claimed 27. .. Further provisions as to solatium etc PART 6--Negligence Division 1--Duty of care 31. Standard of care 32. Precautions against risk 33. Mental harm--duty of care Division 2--Causation 34.


E Law: Constructing a Liability: Bryan v Maloney


The second issue involves the use of proximity as the test for a duty of care. .. The ordinary law of negligence does not permit a claim of damages arising from a ..


Suggested answer – negligence model case study


- The second element required to prove negligence is that a duty of care has been .. The law must then balance the degree of the risk and the likelihood of injury .. The plaintiff must show that the defendant's negligence caused the damage and ..


E Law: Review of Medical Negligence - Murdoch University


by B McGivernReview of Medical Negligence by Malcolm Kahn and Michelle Robson, London: .. consent; duty [of care]; limitation; standard of care; causation; and damages. .. It begins with chapters on two manifestations of a health carer's duty of care: ..


Barker, Kit --- "Economic Loss and the Duty of Care: A Study in the ..


by K Barker Rather, it was that the normal approach to the question of legal duty ... the damages one can claim on grounds of contributory negligence or ..


Professor Barbara McDonald - Sydney Law School - The University ..


Liability for Negligence; Tort Law and reform; Negligence; Professional and Fiduciary .. "The High Court on exemplary damages", (1999) 73 Australian Law Journal .. Australian Law Journal 145-148; "Duty of care in negligence for Liability for ..


NEGLIGENT INVESTIGATION BY POLICE: CAN A DUTY OF CARE ..


by J YULE - - consider whether there is a duty of care within the existing tort of negligence. In the .. accountable through negligence law for harm resulting to a suspect.20 .. cause damage to the latter — in which case a prima facie duty of care arises.


Occupier's Liability


Microsoft Powerpoint - the defendant was negligent, i.e., duty, breach and damage. Occupier's Liability. Occupiers must take reasonable care and owe a common law duty of care to ..


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LAW

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respect of a claim for damages for negligence. * A Justice of the .. Donoghue v Stevenson3 articulated the nature of the legal duty of care on which the common ..


Negligence - RMIT University


Study & Learning Centre logo, Contract Law .. defendant owed them a duty of care, breached that duty and that damages were suffered as a result .. The second element required to prove negligence is that a duty of care has been breached.


THE LEGAL OBLIGATIONS OF A TEACHER


The teacher's duty of care does not extend to preventing property damage .. The relevant law here is the tort of negligence which provides for the teacher's ..


THE DUTY OF CARE OF SCHOOLS Introduction There is no doubt ..


The legal debate however, arises when focus is placed on the extent of this .. discharge the duty of care, and so was found not to be negligent. (b) ... school could seek to recover the amount of the damages from the parents pursuant to the ..


CIVIL LIABILITY ACT 2002


Miscellaneous provisions PART 1A - NEGLIGENCE Division 1 - Preliminary 5. Definitions 5A .. No duty of care for recreational activity where risk warning 5N. Waiver of .. Application of Part Division 2 - Fixing damages for economic loss 12. Damages .. Obligation of Australian legal practitioners to provide advice 26. Offer of ..


Duty of Care & Negligence - University of Melbourne


This duty arises under both the common law and legislation. .. and clients do not suffer loss or damage because of its professional negligence.


Unit 2 Introduction to Torts: Topic 1 Negligence - Reading


What would you need to prove in order to recover damages? .. A 'duty of care'—this is a duty, recognised by law, requiring compliance with a particular standard ..


TORTS LECTURE 7 DAMAGE PARTICULAR DUTY AREAS (a ..


Microsoft Powerpoint - Negligence. Damage in Negligence. Duty of care. Breach. Damage .. extent D should be held responsible for the consequences of his conduct: legal causation ..


Western Australia Occupiers' Liability Act 1985 Western Australia ..


Law

Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 .. Duty of care of occupier (1) Subject to subsections (2) and (3) the care which an .. that that person will not suffer injury or damage by reason of any such danger.


LAW OF TORTS


Microsoft Powerpoint - IMPACT OF THE CIVIL LIABILITY ACT ON THE DUTY OF CARE .. Amendment (Personal Responsibility) Act 2002 govern the law of negligence in NSW. .. to limit the quantum of damages for personal injury and death in public liability ..


Real Estate Agents' Liability for Negligent Misstatement


by P Sadler - that there has been material damage to the plaintiff (damage), caused by the defendant and which is not too remote. Duty of care (the legal duty ..


LAW OF TORTS


Microsoft Powerpoint - How will we cover negligence? Today: Duty of Care at common law; Civil Liability Act and Duty of Care; More CLA and Breach of Duty; Damage and Particular ..


Luntz, Harold --- "Editorial Comment: Reliving History" [2010 ..


by H Luntz .. to the issue of the scope of the duty of care in the law of negligence. .. be under a duty of care, for instance, not to cause physical damage to ..


LAW REFORM (CONTRIBUTORY NEGLIGENCE AND ..


Application of Act PART 2--Concurrent liability and contributory negligence 6. .. the law of torts; (b) a liability in damages for breach of a contractual duty of care; ..


Non-Executive Directorsâ•Ž General Law Duty of Care and ..


by G Flint - 1997 - - negligence, non-executive directors, duty of care, executive directors, delegation ... damages for such breach are not troubled by common law considerations of ..


Negligence


breach DOC —> damages to Bert. 2. Duty of care — establishes whether a duty of care was owed to Bert from GCS. Lord Atkin's neighbour test. Apply law to the ..


WebLaw - Torts


Civil Law (Wrongs) Act 2002: An act to consolidate and reform the staute law relating .. Animals Act 1977 (NSW): An Act relating to liability for damage caused by animals. .. of civil actions; to amend the common law doctrine of contributory negligence; .. This article discusses whether parents owe their child a duty of care.


DEFENCES IN MEDICAL NEGLIGENCE: To WhAT ExTENT hAS ..


by J YULE - The review of the law of negligence was in response to a perceived crisis in liability .. this article to consider the elements of the negligence action: duty of care, breach .. presumptions in the assessment of damages and apportioning liability ..


LAW OF TORTS - University of Sydney


Microsoft Powerpoint - What is Negligence? It is the neglect of a legal duty; It involves the three elements of. duty; breach;; resultant damage. Negligence: The Elements. Duty of care ..


DUTY OF CARE What do we mean by "Duty of Care"?


legal term duty of care refers to this obligation and has major implications .. that a duty of care was owed to them by someone, that the person has been negligent in .. In the United States, however, the level of damages ..


WebLaw - Health Law


20+ items – Aged Care Act 1997 (Cth): The Act aims to, amongst other ..








AB v The Attorney-General for the State of Victoria [2005] VSC 180

 


Breen v Williams (1996) 186 CLR 71

 



business.tafe.vu.edu.au/dsweb/Get/Document-179262/..



Microsoft Powerpoint - Tort of negligence .. A "duty of care" must be owed by one person to another. There must be a breach of that "duty of care". Damages (physical or financial) must have been suffered as a result of the breach of .. "Who in law is my neighbor?


LEGAL LIABILITY FOR BULLYING AT SCHOOLS


by DA Butler - 2006 - with the task of reviewing the law of negligence as it applied to personal injury claims. .. duty of care, breach of the duty and resulting damage. Liability for ..


NEGLIGENCE AND INTOXICATION – HAS CIVIL LIABILITY ..


by N Katter - 2006 - involving negligence actions for damages by intoxicated plaintiffs. The analysis of .. Mr Berryman was guilty of contributory negligence at common law and by ... the existence of any general duty of care on clubs or more generally, suppliers ..


'Wrongful life' and the law


by J Hintz - 2006 - nised damage." All three elemeuts must be proven. It is not enough for a plaintiff in a negligence action to show that a defendant owed a duty of care and acted ..


WRONGS AND OTHER ACTS (LAW OF NEGLIGENCE) BILL 2003


Effect of this Part on the common law 18 72. Mental harm--duty of care 19 73. Limitation on recovery of damages for pure mental harm arising from shock 19 74.


CIVIL LAW (WRONGS) ACT 2002


Definitions—pt 3.2 33. Personal injury arising from mental or nervous shock 34. Mental harm—duty of care 35. Mental harm—damages 36. Extensions of liability ..


Sports Injuries and the Right to Damages


by P Sadler - This article examines the availability of damages at common law for injured sportspersons and the .. negligence and trespass are considered. Cases discussed .. recognised that sportspeople owe a duty of care to each other, because of the ..


Passed by both Houses New South Wales Law Reform ..


3 Amendment of Law Reform (Miscellaneous Provisions) Act 1965 No 32 The .. of contributory negligence 7 Application of Part to breach of statutory duty (1) This .. for damages founded on a breach of statutory duty imposed on a defendant. .. law, or (b) amounts to a breach of a contractual duty of care that is concurrent ..


E Law: A Receiver and Manager's Duties On Realisation Of A ..


It is unclear whether a receiver would be found to owe a duty of care in tort, .. loss or damage as a result of the fraud, negligence, default, breach of trust or ..


The Learner Driver's - Murdoch University Electronic Journal of Law


- by T Carver - 2010[5] Consequently, in respect of damage to person or property caused to the public .. The general duty to exercise due care is superseded by a specific contract .. the standard of care owed, was consistent with other areas of negligence law.


The Merits of the Civil Action for Breach of Statutory Duty


by N Foster - and suffered damage due to the failure of the ship-owner to maintain a list of .. already found that there was a breach of a common law duty of care on the part of the Corporation. .. whether the father's claim in negligence could be sustained.


CYBER BULLYING AND THE LAW:


- by D Butler - 2010 - - This article examines the various criminal, civil and vilification laws that may apply to ... in connection with school work or duty or before school or after school care. ... a consequence of a negligent act to be a recoverable head of damage.


Negligent investigation by police: can a duty of care be found using ..


by JM Yule - 2008 - - Canadian law of negligence, that the police owe a duty of care in .. the class of person to whom it is owed or the damages to which a breach of it may give rise.' ..


Victorian Institute of Teaching - Negligence


The law of negligence provides that a person is entitled to damages (money) if another person breaches their duty of care to the first person.


TORTS LECTURE 7


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LAW OF TORTS WEEKEND LECTURE 2A Lecturer: Greg Young ..


Microsoft Powerpoint - Duty of care & Breach: Civil Liability Act; Damage .. addressing the concept of reasonable foreseeability in the law of negligence;; protection of good samaritans ..


bl502 tort sem12002


- Negligence law is now derived from cases and legislation. Therefore ... Duty of care and no physical damage: Can a duty be owed for purely economic loss?


Who Said You Can't Have It All? The perils of ignoring risk allocation ..


by G Coveney - 2007 - This Article is brought to you by the Faculty of Law at ePublications@bond. .. imposition of a duty of care; not that it should simply justify recovery. ... have suffered economic damage in consequence of his negligence'.18 This approach to duty ..


Slide 1


Microsoft Powerpoint - There must be a causal link between D's breach of duty and damage to P or P's .. Duty of Care .. The Emergence of Negligence Law: Donoghue v Stevenson ..


Negligence Ch 3 pptx


Microsoft Powerpoint - Tort Law. Negligence. Chapter 3. Topic 3 Homework. Answer the following: .. Duty of care to disabled people if reasonably foreseeable they could be at risk; .. to escape of dangerous substances that cause damage; Burnie Port Authority v ..


Concurrent Liability - QUT Law and Justice Journal


by D O’Brien - 2001 - (b) despite a plaintiff's contributory negligence, no award of damages for .. care can arise as the tortious duty to take reasonable care is imposed by law and ..


E Law: R v Pacino: Extending the Limits of Criminal Negligence?


by IM StudentAt common law criminal negligence is not to be confused with negligence at tort. .. Y. Investments due to damage to a hotel the manager, Holmes, slept in the bar .. of precaution or care may endanger human life, is under a legal duty to take ..


CIVIL LIABILITY ACT 2002


No liability for recreational activity where risk warning 5J. Waiver of contractual duty of care for recreational activities Division 5 -- Contributory negligence 5K.


The recent process of legislative reform has seen the public law ..


by W STANDARD - Where, as in the tort of negligence, damage is the gist of the action, the damage .. connect public law invalidity to the existence of a duty of care in negligence.


Law of Negligence (formerly Current Developments .. - Subject Details


Law of Negligence (formerly Current Developments in Negligence Law) .. Breach of duty: Standard of care; Causation; Damage: What ..


Law (Torts)


Law

(Torts) is a Business undergraduate level 2 unit offered by Curtin .. Negligence: duty of care, breach of duty, damage, assessment of damages and ..


TORTS


Microsoft Powerpoint - IMPACT OF THE CIVIL LIABILITY ACT ON THE DUTY OF CARE. The Civil Liability Act 2002 governs the law of negligence in NSW. .. to limit the quantum of damages for personal injury and death in public liability instances; resultantly ..


TEXT BOOKS


Microsoft Powerpoint - What is Negligence? It is the neglect of a legal duty; It involves the three elements of. duty; breach;; resultant damage. Negligence: The Elements. Duty of care ..


LAW OF TORTS


Microsoft Powerpoint - IMPACT OF THE CIVIL LIABILITY ACT ON THE DUTY OF CARE. The Civil Liability Act 2002 govern the law of negligence in NSW. .. to limit the quantum of damages for personal injury and death in public liability instances; resultantly ..


E Law: Hotelier and Social Host Liability - Text


by SFINS WalesJump to ‎: In tort, person A will owe a duty of care not to .. the law requires) then A is liable to pay damages to B for ..


Table One: The common law 'calculus of negligence'


by L Bluff - 2004 - - absolute or strict liability duties to take care for various aspects of worker health and safety. .. negligence' in common law negligence actions. .. sense that the damage was reasonably foreseeable as a consequence of the employer's ..


HARRITON v STEPHENS* WALLER v JAMES**


negligence, Australian common law — in line with jurisprudence in the UK,6. Canada ... The key issues in Harriton and Waller were thus duty of care, damage, ..


TORT LAW, POLICY AND THE HIGH COURT OF AUSTRALIA


rule of negligence': that duties of care are to be recognised where there are ... dant to act without legal hindrance, or awarding damages to the injured plaintiff ..


E Law - The Potential of the Law of Torts to Assist in the Protection of ..


by BA Hocking - - This has been a major theme in negligence law: that policy dependant .. The duty of the state involves an obligation of care in the event of need, ... conduct which cause damage to others, there are gaps in the law of torts ..


Have US Legislatures Fully Considered Causal Factors in Assigning ..


by TJ Centner - 2011 - measures for which duties of care may not be assigned under negligence law. .. not recover full damages under negligence law because they choose not to ..


When is a teacher or school liable in negligence?


by H Newnham - 2000 - - To satisfy the elements of the tort of negligence the student who becomes in law the plaintiff must prove that a duty of care was owed, that the duty was breached, ..


The Law of Negligence - The Association of Independent Schools of ..


An area of the law that has caused much concern amongst members of volunteer .. for any successful negligence action is fault; the law provides that if a duty of care is .. that no-one will be held liable for loss or damage they did not cause.


TEXT BOOKS


Microsoft Powerpoint - It is the neglect of a legal duty; Negligence v carelessness; "The law takes no .. Duty of care. Breach. Damage. Negligence. Negligence: The Early Cases ..


Law of Negligence 730865 - Subject Details


Breach of duty: Standard of care; Causation; Damage: What constitutes damage, remoteness; Defences: Contributory negligence, voluntary ..


The Personal Liability of Directors for Corporate Torts


by JH Farrar - 1997 - - It has been accepted for inclusion in Bond Law Review by an authorized .. be made personally liable for damages for corporate torts, including breach of statutory duty. Recently there .. duty on directors such as a duty of care in negligence.


Review of Medical Negligence by Malcolm Kahn and Michelle ..


by B McGivernMurdoch University Electronic Journal of Law .. consent; duty [of care]; limitation; standard of care; causation; and damages. .. It begins with chapters on two manifestations of a health carer's duty of care: confidentiality and [obtaining] consent.


COMMON LAW OF NEGLIGENCE


3.1 THE ORDINARY PRINCIPLES OF THE COMMON LAW OF NEGLIGENCE .. . 25. 3.1.1 THE DUTY OF CARE ......................... . 25. 3.1.2 THE ..


" Who then in law is my neighbour?"-Reverting to First Principles in ..


by NA Katter - 2004 - were legal preconditions to the existence of a duty of care in negligence. .. that a defendant is not liable to all those whose damage can reasonably be foreseen ..


Acceptance of a new audit


Microsoft Powerpoint - Reviewing Auditors duties, rights and responsibilities .. Is found guilty of any breach of the Memorandum, Articles, By laws or .. established that a duty of care, giving rise to the possibility of claim for damages when negligence by an auditor ..


CIVIL LIABILITY ACT 2003


Definitions CHAPTER 2--CIVIL LIABILITY FOR HARM Part 1--Breach of duty Division .. Standard of care for professionals Division 6--Contributory negligence 23. .. What if a concurrent wrongdoer intends to cause loss or damage 32F. .. Offer of structured settlement—legal costs CHAPTER 4--MISCELLANEOUS Part ..


QUT | Staff Profiles | Tracey Carver


by T Carver - 2011Prior to joining the QUT Faculty of Law on a full-time basis, Tracey practised as .. of negligence, including the formulation of duties of care, causation, damages ..


Harriton v Stephens: Life, Logic and Legal Fictions


by A GREY - - Given that damage is the 'gist' of an action in negligence,33 reasoned the majority, the existence of a duty of care cannot be established in the abstract. Rather ..


LIABILITY IN NEGLIGENCE PURE ECONOMIC LOSS: THE LATEST ..


by J Dietrich - law has spelt out the relevant criteria for establishing a duty of care. A .. negligent misstatement7) which damages property owned by a third party (or perhaps ..


LAW REFORM (MISCELLANEOUS PROVISIONS) ACT 1965 - As at ..


Apportionment of liability in cases of contributory negligence 10. Workers compensation and contributory negligence 11. Total damages to be recorded 12. .. law, or (b) amounts to a breach of a contractual duty of care that is concurrent and ..


If I Only Had a Heart! The Australian Case of Annetts and the ..


by Y MuthuThe old laws governing negligently inflicted psychiatric injury are the remnants[12] .. Recovery of damages for psychiatric illness has proved to be a continuing .. Brennan J took a different approach to the question of duty of care in Jaensch.


Hirsch, David --- "Rights and Responsibilities in Wrongful Birth ..


by D HIRSCH - In their opinion it was contrary to legal principle to allow damages for one .. a duty of care to the unborn and that their negligence could support a claim in tort for ..


The Extent of an Accountant's Liability to Third Parties


by BH Andrew - 1989 - third party for damages suffered as a result of reliance on negligent advice. .. general statement about the duty of care in negligence actions: ·You must take .. complained of. The duty issue involves a mixed question of law and fact ..


Duty of Care - Catholic Education Office - Diocese of Ballarat


Legal Issues in Schools, Revised Edition, 2003. Duty of .. breach of the duty and negligent when that person fails to act in accordance with the required .. between the duty of care, the care provided and the harm or damage caused. It may ..


comparing the fault elements of tresspass, action and case negligence


I. The fault elements of intention and negligence under tort law... after noting that the damage had been intemional and as such actionable solely in trespass. 20 \YiJliams .. of duty of care.29 TIle COlTectness of the decision in lVilson v Home ..


Time to abolish lawyers' immunity from suit - [1999] AltLJ 32; (1999 ..


[3] They are not subject to a duty of care in respect of any act or omission in the .. and that the breach of the duty of care caused loss or damage to them which was .. The primary basis for justifying an immunity from negligence within the legal ..


Introduction to Torts - Engineers Beware


any damage or injury caused by their negligence. This area of law is constantly changing and is in some ways a reflection of the .. an action in negligence: 1 defendant owes a duty of care to the plaintiff (duty of care). 2 ..


UNSW Handbook Course - Torts - LAWS1061


The duty of care in negligence; Breach of duty; Causation and Remoteness .. to negligence; Damages; Theoretical perspectives on compensation law, tort ..


A Duty to Care: Pharmacists' Negligence: Implications for ..


by KLY Ming - - impose such duty of care as demanded by the law. Pharmacists should be aware of the .. that damage was caused by the negligence of the health professional.


The Politics, Purpose And Reform Of The Law Of Negligence ..


In many ways, Australia resembles the USA, where negligence law .. law negligence claims governed by the Workers Compensation Act 1987 ..


Lawlink NSW: 3. The Common Law Negligence Action


3.13 The proponents of the common law claim that it is the only system which attempts to assess compensation not according to a prescribed ..


Division_54_Review_Final_Report


Only settlements of claims for compensation or damages for personal injury or .. negligence of another party which gives rise to an action for compensation or .. of a workers' compensation scheme and instead pursues a common law claim.26 ..


Comparison of Workers' Compensation Arrangements in Australia ..


It was no longer necessary to prove negligence on the part of an employer. ... aligning common law claims brought under the Workers' Compensation and ..


WorkCover Authority of New South Wales - Work injury damages


Work injury damages claims were previously called common law claims. .. The amount of weekly compensation that has already been paid to the .. can also be reduced if the worker's own negligence contributed to the injury.


Regulatory framework for compensation - Australian Law Reform ..


33.3 Workers' compensation is a system of accident compensation for workers .. be able to claim common law damages from an employer for negligence, or for .. Breach of this term may give rise to a common law claim for breach of contract.


find LEGAL answers - Accidents and Compensation - Negligence ..


About: The law of negligence, public liability insurance, medical .. periods, motor accident claims, damages, compensation (including Workers ..


Law Handbook Online - South Australia


Law

Handbook Home; Chapters A-F .. LEGAL OBLIGATIONS AFTER AN ACCIDENT · CLAIMING COMPENSATION · PERSONAL INJURIES · PROPERTY ..


Medical Negligence and Professional Indemnity Insurance ..


by R Callinan - 2001 - - 4.5 Alternatives to the common law tort system for compensating adverse. Outcomes .. A settlement agreement for a negligence claim whereby compensation is ..


NSW Court of Appeal - Recent Decisions of Interest - Supreme Court ..


Workers' compensation: error in point of law; application of principle in Makita; .. Worker's Compensation: claim by injured worker against his former employer .. Negligence: contributory negligence; principles to be applied ..


Common law claims - WorkCover WA


In addition to settlements available in the workers' compensation system, .. to pursue a common law claim against their employer in the courts. .. injury was caused by negligence or other tort committed by their employer.


Lawlink NSW: Existing Compensation Arrangements


the common law negligence action;; the workers' compensation .. by the fault (or negligence) of the person against whom the claim is made.


INQUIRY TO REVIEW THE LAW OF NEGLIGENCE


The law of negligence does not operate in isolation from the community, the economy or the .. and unsustainable as the principal source of compensation for those .. The statute of limitations for personal injury claims for adults is between ..


Lump Sum Damages - Common Law


A common law claim may be lodged for injury or death from: .. majority of cases the TAC will indemnify the negligent owner/driver for any common law action brought .. The compensation payable may include, loss of income benefits - (Loss of ..


SUBMISSION BY THE LAW COUNCIL OF AUSTRALIA TO THE ..


by LAWCOF AUSTRALIA - 2002 - - The relationship with limitation periods for claims in contract and under statute. 74 .. The principal functions of negligence law are the compensation function, the ..


Compensation - Workplace Health and Safety Queensland


Workers can apply for workers compensation for work related .. A common law claim is the claim made by an injured worker who commences common law action through the courts against their employer for negligence (they ..


4313.08.10 CSA compensation form


Purpose of this form. Use this form to claim compensation from the Child Support Agency. (CSA) for loss or injury suffered as a result of the CSA's negligence or ..


AT COMMON LAW


A common law claim for damages was based on an employer's duty to .. The damages were usually larger than the amount paid as Workers Compensation, .. there was proof of negligence, or fault on the part of the employer.


Personal Injury - Issue 51 - Top Topics - LIAC - find LEGAL answers


Claims and compensation payouts were getting bigger and bigger. Insurance .. to the law of negligence and restrictions on people's right to sue. Recently ..


No Fault Compensation Briefing Paper No 6/05


by T Drabsch - 2005 - - 1. 2. PERSONAL INJURY COMPENSATION IN NSW.................... 4. 2.1. The law of negligence ........................................... 5. 2.1.1 ..


The New South Wales Workers' Compensation System: problems ..


With negligence claims, negligence of the employer must be established: ie .. the failure of the common law negligence action to provide compensation for a ..


Fact Sheet 11 - Legal Services Commissioner : Lawlink NSW


Some acts of negligence are more serious than others. .. Clients who complain to the OLSC about legal practitioners usually do not receive compensation .. in the Consumer, Trader and Tenancy Tribunal (for claims of under ..


NEGLIGENCE - Law Handbook


Negligence is doing, or failing to do something that a reasonable person .. in negligence, the person is seeking financial compensation for damage. .. The amount of damages they can claim will be reduced according to the ..


Lawlink NSW: Outline


Despite claims made on its behalf, the common law negligence action does not provide full compensation to most accident victims. Apart from ..


11 ACCIDENTS 11.1 Accidents on private and public property This ..


Shopping centres are covered by the law concerning occupiers. Please note that .. If the owner or keeper is negligent you can bring civil proceedings. .. Compensation can be claimed, and criminal prosecution may be possible. Cruelty to ..


ACCIDENTS AT WORK - Law Handbook


workers' compensation benefits; common law claims against a third party; social security payments. An employee will only be able to keep one ..


13. Damages - Review of the Law of Negligence - Treasury


compensation principle of personal injury law, even taking account of statutory ... law negligence claim, provided the claimant was not at fault in respect of the ..


ACCIDENTS INVOLVING ANIMALS - Law Handbook


The law in this area is regulated by the Dog and Cat Management .. It is not necessary to show that the person responsible for the dog was negligent or knew .. There are three types of compensation claims that can be made ..


Compensation for defective government .. - Law Handbook


Law Handbook Home; Chapters A-F .. compensation can be obtained for loss suffered as a result of negligence, defective administration .. Payment in settlement of a claim; Compensation for Detriment caused by Defective ..


Psychological injury claims - with a date of injury before 13 April


Under the provisions of the Safety, Rehabilitation and Compensation Act 1988, the .. Even if an employee has been negligent or behaved inappropriately in the .. A great deal of weight is placed on decisions on question of law from the courts, ..


Negligence - Where Lies the Future? - Supreme Court : Lawlink NSW


The law of negligence is not immune from this phenomenon. .. right to recover full compensation for negligence according to the rules of the common law. .. that negligence claims are decided according to the law of the State ..


9. Mental Harm - Review of the Law of Negligence


Under current law, if a person suffers negligently-caused physical harm for which another is .. harm will attract compensation only if the harmed person has suffered a .. One of the claims (Tame) concerned a woman who suffered pure mental ..


Claims and benefits: Fact Sheet 4


a claim for workers compensation and what benefits a .. A Work Injury Damages (common law) claim is made when an .. negligence contributed to the injury.


Publications & research - AGS publications - AGS legal notes ..


The common law in Australia in relation to compensation for psychological .. of those who may claim in negligence for pure psychiatric injury.


Key Workers' Compensation Information - Safe Work Australia


Rich Text Format - All Australian jurisdictions have workers' compensation laws which are 'no fault'. .. their injuries were work related - they do not need to prove negligence on the part of .. In 2008-09, there were 128 730 serious workers' compensation claims ..


CSR Submission on Law of Negligence (DEM0215.DOC;1)


Rich Text Format - CSR is a licensed self-insurer for workers compensation in New South Wales, .. The issues facing Australian business in relation to negligence claims can be ..


find LEGAL answers - Accidents and Compensation - Personal injury


About: The law of negligence, public liability insurance, medical .. periods, motor accident claims, damages, compensation (including Workers ..


Compensation application


This form is to assist you claim compensation from Centrelink for loss or .. negligence or other legal grounds, and the Compensation for Detriment .. security or family assistance law – if you intend to ask for a review, you should not delay ..


Compensation for Loss in the Financial Services Sector Issues and ..


consumers of financial services by the law, together with some of the limitations of .. for compensation arrangements with respect to negligence based claims.


LAW REFORM (TORTFEASORS CONTRIBUTION, CONTRIBUTORY


contributory negligence, and to amend the law relating to the division of .. giving rise to a claim for such compensation, and it is determined in that action that— ..


Part 3 Amendment of doctrine of contributory negligence


Law

Reform (Miscellaneous Provisions) Act 1965 No 32. Current version .. court, in relation to any claim, means the court by or before which the claim falls to be determined. damage .. 10 Workers compensation and contributory negligence ..


Frequent Questions - Legal Services Commissioner : Lawlink NSW


What is the difference between negligence and issues of misconduct? .. Complainants who want compensation from a legal practitioner usually .. Lawyers can claim a lien over documents and property that you gave them ..


Legislation - Law Handbook


Law

Handbook Home; Chapters A-F .. Reduction of claims NEGLIGENCE ALCOHOL AND TEENAGE PARTIES Racial hatred; Classification .. Forfeiture orders; Criminal Injuries Compensation Act 1978 VICTIMS OF CRIME COMPENSATION ..


claim compensation from Centrelink.


..

found liable to pay compensation (such as for negligence) if the matter went to a court. .. Before your claim for compensation is considered, your case may be reviewed under the relevant law by a Centrelink Authorised Review Officer and ..


Workers' Compensation and Injury Management Amendment Act 2011


employee through negligence contributed to the injury occurring. Common law damages are awards of compensation determined by a court, in accordance .. pursue a claim for damages outside of the statutory workers' compensation system.


Compensation Recovery Program - Important information


result of the negligence or lack of care by another person. The payment is .. By law, the compensation payer (usually the insurance company) must tell .. subject of a compensation claim and you subsequently receive compensation, the ..


Glossary - Law Handbook


The standard of proof (q.v.) required in civil law (q.v.) cases, i.e. it is more probable .. Insurance that covers claims against the insured by other persons for damage .. The defendant attempts to prove that the plaintiff's own negligence caused or .. Compensation for a wrong done, or an expense or loss suffered as a result of ..


INQUIRY INTO PERSONAL INJURY COMPENSATION ..


economic loss resulting from negligence by the insured. .. Provisions for proportionate liability for claims involving economic loss or property damage .. Commission of Inquiry into Workers' Compensation Common Law Matters (the Sheahan ..


Lawlink NSW: Some Models for Change


Modify existing systems of compensation, such as the common law .. injured workers entitlement to claim damages from a negligent employer.


Lawlink NSW: 2. The Compensation System


2.7 The common law negligence action denied compensation to those .. of contributory negligence which defeated the worker s claim totally if ..


Child Support Agency: The Guide | 6.11.1: Compensation


Compensation may be payable where there is no other remedy available. .. The most usual claim for legal liability is a claim of negligence.


8. Australian remedies: misappropriation and other defaults | ALRC


The claim. 8.2 This section considers the remedies available for recovery of property .. 8.22 The case law suggests that where there is a breach of a fiduciary duty the .. 8.25 Equitable compensation awarded in New Zealand and Canada has ... Due to negligent preparatory work on site by one of the non-Australian joint ..


Three year time requirement - State law matters


Before this claim can be made, the partner must first have obtained a .. If the death was caused by the negligent act of a third party (for example, in a road .. is able to claim compensation for the death of their partner resulting from a homicide.


Structured settlements - information for lawyers - Australian Taxation ..


This means that the defendant will pay part of the compensation money .. Most claims will be common law negligence claims for motor vehicle ..


MOTOR VEHICLE ACCIDENTS - Law Handbook


When claiming compensation, it is necessary to prove that the other .. traffic laws does not necessarily mean she or he has been negligent.


Negligence and Insurance Premiums: Recent Changes in Australian ..


The trade-off between universal compensation at some level and generous .. inherent in a claims made and notified policy virtually irrelevant[6]. .. "Many of the problems that now beset negligence law and extend the liability ..


Handling money and Trust accounts - Law Handbook


If a lawyer has improperly dealt with a client's money, the client may have a right to claim compensation from the Legal Practitioners Guarantee ..


LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT ..


claim is based on grounds other than negligence. REASONS FOR .. ACHIEVED. At common law, a defendant being sued for a tort could generally raise .. Queensland Workers' Compensation Self Insurers Association; and ..


LEGAL TERMS


This is not a law dictionary, but it does explain the meaning of many legal words used .. contributory negligence A defence in an action for damages for injuries ... or otherwise for which the injured person may claim damages (compensation).


SECOND SUBMISSION BY THE LAW COUNCIL OF AUSTRALIA TO ..


THE REVIEW OF THE LAW OF NEGLIGENCE. 2 September 2002 .. Compensation for gratuitous services and expenses incurred by third parties. ... approach to causation – especially in medical negligence claims – whereby proof that the ..


LEGAL PROFESSION


Law graduates are not entitled to practise the law until they have been ... It has no power to make a finding of negligence against the lawyer but will .. right to claim compensation from the Legal Practitioners Guarantee Fund, ..


Themes In The Law Of Torts - Supreme Court : Lawlink NSW


Claims by workers against employers have taken forms unheard of before 1960. .. The law of negligence is permeated with uncertainty. .. the workers compensation legislation, the civil liability legislation, or other statutes ..


Disputes and legal costs


Law Handbook Home; Chapters A-F .. workers compensation claims will represent injured workers for this fee and without charging any costs ..


Applying for compensation


Assessing a claim. There are two ways we assess a claim for compensation. They are: compensation for legal liability (for example, negligence) ..


Tort Law Reform in Australia - Supreme Court : Lawlink NSW


Secondly, there have been major changes to the law of negligence .. a person ought to receive compensation, even in a fault based system.


Comments on the Workers Compensation Amendment Bill 2010


ACT Law Society's submission to ACT Government of proposed .. (d) minimise problems associated with cross-border claims; and .. compensation and access to justice for negligently injured employees and lowering ..


3.1.9.20 Requirements to Pursue & Obtain Compensation


Guide to Social Security Law .. Reasonable action to claim compensation .. are generally REDUCED to take account of the contributory negligence, and it will ..


Interstate (non-Victorian) Accidents


had another claim accepted; or; been paid compensation/damages; or .. from the TAC and a claim is made under the law of another state or territory, .. interstate/overseas insurer or negligent interstate owner/driver/third party, ..


Duty of care1


common law principles of negligence. Generally speaking .. which is financial compensation for all foreseeable loss (both economic and non- economic) arising ..


Workers' Compensation and Rehabilitation and Other Legislation ..


harmonising common law claims brought under the Workers'. Compensation and Rehabilitation Act 2003 with those brought under the Civil Liability Act 2003 in ..


4 February 2011


compensation to relatives arising from the negligent death of a .. injury. 18. As the law in NSW currently stands a person can only make a claim ..


Lawlink NSW: Report 43 (1984) - Accident Compensation: A ..


No-Fault Motor Vehicle Accident Compensation Schemes. 5. .. Restrictions on the Common Law Negligence Action .. Wrongful Death Claims ..


AHMAC LEGAL PROCESS REFORM GROUP Options Paper on ..


6. Providing fair compensation. The fault system. 1.11 Chapter 6 examines the operation of the common law negligence action which provides damages to those ..


Submission: Inquiry into superannuation claims of former and ..


THE NATURE OF THE CLAIMS AND RELEVANT LAW .. allegation is negligent misstatement but claims are also being made for negligence generally; .. There are a number of other legal issues arising from the claims for compensation. They ..


Attachment to submission 305 - Australian Lawyers Alliance ..


Medicare, Centrelink, Workers Comp, Comcare. Past Economic Loss .. Medical Negligence. Future loss of superannuation Common law applies. .. claims where damages excluding general damages ... negligent third party causes the injury.


Puttick v Tenon


Tenon contended that the alleged negligence occurred in NZ, that the .. compensation scheme barred a common law claim. In 2006 Justice ..


COAG National Legal Profession Reform


against the consequences of professional negligence by way of appropriate compensation, including future claims against ceased law practices;. • to provide ..


Lawlink NSW: Section 5 - Some Models for Change


5.6 Assuming the common law negligence action continues, a variety .. all workers' compensation and common law claims against employers.


Workplace Standards Tasmania : 9. Common law damages


Claims process checklist. 9. Common .. It must be shown that they were negligent or failed to discharge a statutory duty. Common law damages can compensate you for losses not covered by the normal benefits. For example ..


VF 143 - Public Record Office Victoria online catalogue


Assessment of eligibility and processing of compensation claims under the Act .. accident had the right to sue a negligent party at common law for damages.


4.13.2.10 Treatment of Specific Lump Sums


For information on how lump sum compensation is assessed when .. claims may arise out of motor vehicle accidents, sporting accidents, medical negligence, .. under a statutory scheme or as a result of a common law claim where liability is ..


Structured settlements - information for financial advisers


A structured settlement is a way of settling a claim for personal injury compensation. These claims will be common law negligence claims for ..


Lawlink NSW: Section 3 - Existing Compensation Arrangements


the common law negligence action, which requires proof of fault, but provides "full" compensation in the form of a once-and-for- all lump sum ..


Structured settlements - information for life insurance companies


A structured settlement is a way of settling a claim for personal injury compensation. These claims will be common law negligence claims for ..


Submission 3 - Ian M Johnstone - Disability Care and Support Public ..


injuries, if a no-fault scheme of compensation is introduced. In any case, Common Law. Negligence claims are not an efficient way of finding ways of preventing ..


The Metamorphosis of Slip and Fall - Supreme Court : Lawlink NSW


Small claims for personal injuries are a thing of the past. .. "The statutes in this State relating to workers compensation and common law damages claims .. the basic claim is that the public authority was negligent because it ..


Lawlink NSW: 3. The Law


.. is such that a patient should be entitled to claim compensation because of it. .. One area in which the law in medical negligence cases has ..


Types of claim


- Types of Claim applicable to Supreme Court proceedings. Administrative law - Inherent power of court or under common law (Individual rights). Administrative ..


MEDICAL NEGLIGENCE - Law Handbook


Breaches of that duty may give rise to claims for damages. .. the medical problems which flow from the negligence which lead to compensation.


A Brief Introduction


CTP claims are also subject to the Civil Law. (Wrongs) Act .. owner/driver of the 'at-fault' vehicle provided negligence can be established. You can still .. (e.g. a hit and run accident) you can claim compensation from the Nominal. Document: ..


Access to justice and information


persons seeking compensation for personal injuries and, given the present strain on .. injury laws, which have restricted the rights of injured people to claim .. because it promotes personal responsibility for negligence and ensures justice for ..


What we offer - Areas of law - Negligence and other claims


With strengths in: defamation, negligence and other common law claims, and public .. and experience of the Safety, Rehabilitation and Compensation Act 1988.


Proposals for Tort Law Reform - Review of the Law of Negligence


The laws of negligence have been deliberately used as a compensation .. fund is depleted by claims which are paid, the premiums must increase to replenish it.


CTP Scheme Description (Motor Accident Insurance Commission)


Queensland operates a common law 'fault' based Compulsory Third .. a right to approach a law court to seek monetary compensation from .. accident because there is no negligent party against whom a claim can be made.


Information Regarding Cornwell-Type Claims - Department of ..


Based on supporting documented evidence, Mr Cornwell and the Commonwealth reached an agreement and his claim for compensation was ..


Lawlink NSW: 6. The Choice: Pure No-Fault or a Dual Scheme


6.18 The common law negligence action fails to compensate accident victims .. Total accepted claims covers all non-fatal compensation claims ..


What can be claimed? - Law Handbook


In settling a claim, the solicitor handling it will be able to advise the exact amount the injured party would receive in compensation.


Negligence: Is Recovery for Personal Injury too Generous ..


Secondly, fundamental changes to the law of negligence have been .. the creation of workers' compensation and compulsory third party motor vehicle .. including their effect on the overwhelming majority of claims that are ..


Key features of the Commonwealth workers' compensation scheme


This means that an injured employee does not have to prove negligence on the part of their employer for their claim to be successful. But it must be clear on the ..


Negligence: The Last Outpost of the Welfare State - Supreme Court ..


My observation is based on the practical operation of the law of negligence in ... Relatives claiming under the Compensation to Relatives Act 1897 upon the ..


The Law Reform Commission


caseI a husband was able to claim compensation because he had to endure ... The law of negligence in relation to secondary claims in the Australian Capital ..


Personal injury compensation legislation


Medical negligence compensation law. 198. The modified Bolam rule. 198. Evidentiary alterations in respect of failure to warn. (informed consent) claims. 199 ..


Neighbours and the Law


Needham, Jane. Neighbours and the law/Jane Needham and Sarah Hill; editor, Cathy Hammer. ... compensation for damage to property be paid. • a tree that is ... You can initiate action through the Civil Claims jurisdiction of the Local. Court to .. It allows a person to bring an action in negligence for any damage caused by ..


Workers' Compensation and Injury Management Amendment Act 2011


Common law damages are awards of compensation determined by a court, in .. who can prove that their workplace injury was caused by negligence or other .. can pursue a claim for damages outside of the statutory workers‟ compensation ..


Other Intermediate Courts of Appeal - Negligence .. - Lawlink NSW


DISCLAIMER: Subject to operation of the law, the Supreme Court (NSW) disclaims all warranties or .. Apportionment of liability in personal injury claim. Shaw v ..


Public Liability - an update Briefing Paper No 11/02


The Act makes changes to the amount of compensation available under common law for personal injury damages claims which are caused by the negligence of ..


Part_4_Reforms


Proportionate liability for claims of economic loss. tick .. Limit compensation for loss of future earnings or loss of earning capacity .. The concept of negligence has two components under Australian law: foreseeability of the risk of harm and a ..


Frequently Asked Questions Claims Estimates


Claims Cost in Accident Compensation, paper prepared for the XIth Accident .. Are non-negligent third party TAC claims excluded for premium purposes? .. (impairment, common law etc) Also, a worker may exercise their appeal rights under ..


Claiming compensation from the department - Applications & Forms


The department may assess your claim and pay compensation in .. Examples: Negligence, actions in contract, personal injury and property damage. Important: ..


5. Trade Practices - Review of the Law of Negligence


('the TPA'), generally, with common law principles of negligence in so far as they apply to .. principles of negligence relating to claims for personal injury and death, it is first necessary to identify .. adequate source of compensation. However ..


Heading 1


Negligence Claims. For a negligence claim to be successful, it must be proven that a coach has a duty of .. coaches owe a duty of care to their athletes under the law of torts. (The law of torts .. statutory worker's compensation. It is likely that ..


Applying for compensation - Australian Taxation Office


There are two ways we assess a claim for compensation. They are: compensation for legal liability (for example, negligence), or; compensation ..


Law Reform (Miscellaneous Provisions) Amendment Act 2000 No 111


court, in relation to any claim, means the court by or before which the claim falls to be determined. .. 10 Workers compensation and contributory negligence ..


Making a claim - Motor Accident Commission


If the vehicle at fault was registered interstate you may be able to claim from the .. For information on entitlement to compensation for other treatment or .. reductions are in addition to any other reductions for contributory negligence. .. The Law Society (ph: 08 8229 0288) can refer you to an appropriate lawyer if required.


NSW Court of Appeal - Decisions of Interest 2011 - Supreme Court ..


DISCLAIMER: Subject to operation of the law, the Supreme Court (NSW) .. Whether lands the subject of a claim under the Aboriginal Land Rights Act 1983 (NSW) .. overtaken by subsequent negligent failure by third party to correct the defect; .. of Workplace Injury Management and Workers Compensation Act 1988 (NSW); ..


Lawlink NSW: 5. A New Compensation Scheme


Contribute to Law Reform · Law Reform Links .. operation of the Torrens system which result from fraud, negligence, the bringing of land .. A person suffering loss can (without lodging a compensation claim) bring an action for ..


Compensation Recovery Program - Frequently used terms


illness due to negligence or lack of care by another person. The payment is .. forms part of any future compensation payment, then the claim is notifiable to ..


LAWYERS Lave"


governing the Military Compensation and Rehabilitation Scheme (MRCS) .. questions, common law limits and so forth which is the responsibility of Parliament. .. How many potential negligent claims have not been able to be pursued and ..


WorkCover - Law Handbook


WorkCover contracts out much of the administration of most workers compensation claims to Employers Mutual Limited (EML), a private ..


STRUCTURED SETTLEMENTS


A structured settlement is a way of settling a claim for personal injury compensation. These claims will be common law negligence claims for motor vehicle ..


Regulatory Guide RG 210 Compensation and insurance ..


It sets out how we will administer the compensation requirements under s47 ... negligence and other common law claims generally; ..


Civil Liability Act 2003


The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of .. Contributory negligence can defeat claim . ... Injuries under the Workers' Compensation and Rehabilitation. Act 2003 .


Lawlink NSW: IV. If the Compensation Scheme is Retained, How ..


If it is accepted that the State should provide compensation for losses .. considering the relative rarity of compensation claims, might take a long time), .. However, having regard to principles of agency law, the negligence of a ..


Workers' Compensation and Injury Management


your claim. This brochure explains: • the settlement options available under the workers' compensation system, including common law. • who is eligible for ..


Project No 11 – Part II - Law Reform Commission of WA


2.4 Unlike cattle trespass, the right to claim compensation for damage or injury .. of an animal is required by the law of negligence to exercise that control with ..


6 Occupational health and safety


Under common law, people who are injured at work can claim compensation from their employer for negligence or breach of contract. While the potential for ..


Pleadings and particulars — Judicial Commission of New South Wales


Negligence

and breach of statutory duty in common law claims in tort: r 15.5 .. Claims for indemnity under s 151Z(1)(a) of the Workers Compensation Act 1987 ..


Without Prejudice Issue 42 - Legal Services Commissioner : Lawlink ..


.. in personal injury law, Accident victims, Glenbrook Trains Disaster, .. compensation legislation, Substantial medical negligence claims ..


Submission 326 - Safe Work Australia - Disability Care and Support ..


worker does not need to prove negligence on the part of their employer, they are ... limit on compensation that could be expected from a common law claim ..


New South Wales courts - Federal Court of Australia - information for ..


Maritime law — Admiralty — Maritime claims — Jurisdiction .. of period – personal injury and compensation to relatives claims arising out of ship .. NEGLIGENCE – duty of care – duty of ship owner and operator to stevedore ..


6. Limitation of Actions - Review of the Law of Negligence


any sensible reform of the law relating to claims for personal injury or death arising out of negligence should include limitation rules that, as far as possible, ..


Medical Negligence: an update Briefing Paper No 2/04


by T Drabsch - 2004 - - Review of the Law of Negligence (the Ipp Report). ... costs of compensation for, and developing trends in, personal injury claims arising from the provision of ..


Public Liability Insurance


Re-write the tort law to bring the standard of negligence back to a reasonable .. governing how claims are dealt with and how any compensation is determined.


Medico-legal issues: Rural Collaborative Practice Project


Medico-legal claims in Australian hospitals. .. Applying the law of negligence to the Project . ... compensation, called damages. A person may recover ..


Untitled - SA Health Publications


by I Bidmeade - 1989 - The Common Law Negligence Action fail S to provide compensation for a substantial .. In the United States, the hearing of medical negligence claims proceed ..


NSW Court of Appeal - Decisions of Interest - February to June 2010 ..


Negligent advice given by legal practitioner in relation to workers' compensation claim; loss of opportunity to pursue common law claim; ..


Terms of Reference - Review of the Law of Negligence


Principles Based Review of the Law of Negligence .. and unsustainable as the principal source of compensation for those injured through the fault of another. .. from damages claims for death or personal injury (other than for intentional torts).


1.1.C.240 Compensation


Compensation

is defined in SSAct subsection 17(2) as a payment that is made .. of insurance of compensation under an Commonwealth, State or Territory law, .. injury arising from a professional negligence claim (e.g. medical negligence) ..


Finances and Compensation


Compensation. If an injury is caused by negligence it may be possible to pursue compensation through the law. These claims are often complex and may ..


Northern Midlands Council - Trees & Overhanging Branches


Otherwise the laws of nuisance or negligence may allow you to claim compensation, but you should first seek legal advice. Top. feedback Give us your feedback ..


Publications&research - Legal Briefing


Examines reforms to Australian labour law brought about by the Fair Work .. Examines the development of Australian common law in relation to compensation for .. Australian Government employee claims for negligence; these cases related ..


Lawlink NSW: Glossary


A common law negligence action may be brought by a person (the .. to take legal proceedings in order to make a claim for compensation.


Appendix H Australian litigation on gambling - Volume 2 - Inquiry ..


Several of the cases above involved a claim of common law negligence by the .. the hotel was to pay $64 000 in compensation to Famularo and that Famularo ..


Parliament of Australia:Senate:Committees:Legal and Constitutional ..


Settlement of claims for compensation .. are equivalent to those which would be applied in assessing damages for the tort of negligence.


Grounds for compensation claims - Future of Financial Advice ..


Rich Text Format - The policy intent of s912B was to 'reduce the risk that compensation claims to ... obligations to a client, or on its negligent conduct in breach of a common law ..


WHY HAVE TORT LAW? - Review of the Law of Negligence - Treasury


It is common knowledge that this inquiry into the law of negligence has arisen in response to claims by insurers that tort law is rendering public and professional ..


Treasury - Public Liability Insurance - Practical Proposals for Reform


coverage under workers' compensation legislation. A5. Codify the .. higher rate already applies to public liability claims in a jurisdiction. B5. Limits to be .. The law of negligence is complex and technical – it has evolved over many decades of ..


Other Intermediate Courts of Appeal in Australia - Recent Decisions ..


DISCLAIMER: Subject to operation of the law, the Supreme Court (NSW) .. out of substantially same facts as original claim; O 21 r 5; amended claim statute-barred .. Criminal injuries compensation: second respondent injured when committing a .. Negligence: employee of labour hire firm sent to work for client of firm on ..


NSW Court of Appeal - Recent Decisions of Interest - Supreme Court ..


Negligence

: respondent workman injured when he fell through a hole in .. Workers' compensation: error in point of law; application of principle in Makita; failure to .. Worker's Compensation: claim by injured worker against his former employer ..


Appendix I: Expanding the scope of the NIIS - Inquiry report ..


from the gross negligence of others, and removing access to sue for lump sum damages for .. common law arrangements for compensation of personal injury. Accordingly, .. extinguish the right of people to make common law claims. In most ..


Lawlink NSW: The Transport Accidents Scheme at a Glance


Report 43 Outline (1984) - Accident Compensation: Transport Accidents .. other forms of compensation including the common law negligence action, .. both the Panel and the Tribunal determine claims on the merits and can ..


718 ASC Preg Sport Layout 3-5


organisations. The law also says that people can claim compensation for psychological injuries, not just physical ones. Those who can be liable for negligence ..


INSURANCE - Law Handbook


workers compensation insurance for paid employees, see accidents at work. .. injury insurance to cover injury caused through the negligent use of a motor .. risk) insurance protects an organisation from claims from innocent ..


A death in the workplace - a guide for families and friends


What if the employer does not have a workers' compensation policy? . . . . . . . . . 10. Getting help with .. Further information on claims . .. the law by investigating workplace incidents and work-caused illnesses. WHSQ will ... negligence. You should consult a lawyer if you think the employer's negligence caused the injury, ..


Other Intermediate Courts of Appeal - Negligence .. - Lawlink NSW


DISCLAIMER: Subject to operation of the law, the Supreme Court (NSW) disclaims all .. Apportionment of liability in personal injury claim ..


Law Council of Australia - Comcare


The introduction of the Safety, Rehabilitation and Compensation Act 1988 on 1 December .. injuries suffered in the course of their employment as a result of the negligence of their employers or .. threshold to access full common law claims.


LAW COUNCIL AUSTRALIA - Review of the Law of Negligence ..


Negligence Review Panel (the Panel) with the Law Council at our appearance ... opportunity to mount a claim for compensation, or at least to argue the case ..


Lawlink NSW: 1. Introduction


1.2 The Victorian Law Reform Commission is undertaking a similar reference .. made to exclude compensation for loss arising from fraud or the negligence .. The value of damages in compensation claims is usually (but not ..


ACT Department of Treasury - Compulsory Third Party Insurance


Compulsory Third Party Personal Injury Claim Notification (MANF), 1 October 2008 .. your entitlement will be reduced by the extent of your contributory negligence. .. The Law Society of the ACT can let you know their member firms and their ..


VA 72 - Public Record Office Victoria online catalogue


receipt and assessment (of eligibility) of compensation claims .. at common law for civil damages for loss suffered through the negligence of the employer.


Early impairment determinations for common law


A person therefore who is entitled to no fault compensation under the TAA 1986 may have their .. Also refer to the policy for WorkCover Common law claims ..


Indigenous Deaths in Custody: Part D - Implementing the ..


Victims' compensation legislation and anti-discrimination laws are discussed briefly. The part ... The claim was based primarily in negligence. Such an action ..


STRUCTURED SETTLEMENTS


sporting accidents, medical negligence, public liability, product liability and .. Structured settlements are not possible for workers' compensation type claims, cases .. of the Taxation Laws Amendment (Structured Settlements and Structured ..


Public Submission - Review of the Law of Negligence - Treasury


Rich Text Format - Review of the Law of Negligence .. "One of the purposes of tort law is to deter future harm ." .. breach of this duty can make a claim for compensation.


Civil Liability Act 2002 - NSW Legislation


5T Contributory negligenceclaims under the Compensation to ... (b) the defendant is required by a written law to warn the plaintiff of the risk, ..


Lawlink NSW: 6. Options For Reform


B. What types of claims for compensation should be allowed? .. However, having regard to principles of agency law, the negligence of a ..


Untitled - Department of Education, Employment and Workplace ..


compensation coverage for workers employed by self-insurers? .. the ability of employees to hold their employers accountable at law for negligence. .. common law and lump sums' for 'premium claims' (claims with a date of injury post ..


FREQUENTLY ASKED QUESTIONS - Dust Diseases Tribunal ..


Is there a statute of limitations on suing for damages for dust diseases ? .. The Dust Diseases Tribunal is a court that hears claims for damages for those who have .. a defendant who negligently exposed an injured plaintiff to dust. The Workers Compensation Dust Diseases Board provides statutory no-fault ..


QUEENSLAND LAW REFORM COMMISSION


Actions in which claims are made for damages for negligence, nuisance or .. claims for compensation under any statute or by-law or any regulation thereunder.


Lawlink NSW: 2. The present law in New South Wales


Most frequently the claim will be based on the negligence of the .. who has received workers' compensation, the negligent employee is unable ..


Lawlink NSW: 4. Proposals for Reform


The right to claim common law damages for negligence was to be removed, since the new scheme provided compensation to accident victims ..


Responsible Public Authority: WorkCover Queensland Queensland ..


Workers' Compensation Board of Queensland and WorkCover Queensland in ... COMMON LAW CLAIMS MANAGEMENT . ... Records determining the extent of an employer's negligence in relation to a worker's injury ..


Episode of care—principal source of funding, hospital code NN


05, Motor vehicle third party personal claim. 06, Other compensation (e.g. public liability, common law, medical negligence). 07, Department of Veterans' Affairs ..


REVIEW OF THE LAW OF NEGLIGENCE


Submission to the Review Panel on the Law of Negligence .. the principal source of compensation for those injured through the fault of another. .. to this Review, has not been caused by an increasing number of claims, but rather is the result ..


Trade Practices Amendment (Personal Injuries and Death) Bill (No ..


This Digest does not have any official legal status. .. 17 and 21 of the Review of the Law of Negligence Final Report (Ipp Report). .. An individual can claim compensation for loss or damage suffered as a result of the ..


REVIEW INTO COMCARE SUBMISSION


before the law for all individuals regardless of their wealth, position, gender, age, race .. accidents, professional negligence and women's justice. We also .. administration of workers' compensation in Australia, with ongoing claims and a high ..


Disposal Schedule DS 16


Workers Compensation Act and common law claims. Documents in .. claims of professional negligence on the part of a medical professional or failure to fulfil a ..


Civil process - Crown Law : Portal - Tasmania Online


The major areas of civil law work are workers' compensation claims, medical negligence claims, anti-discrimination and administrative law ..


DE FACTO RELATIONSHIPS (opposite-sex and .. - Law Handbook


Under the Victims of Crime Act 2001 (SA) a partner, as defined under the Family Relationships Act 1975, is able to claim compensation for the ..


Lawlink NSW: 1. Introduction


The survey covered motor vehicle compensation claims, workers' ... claim compensation in the form of damages in a common law negligence ..


Liability for the Engineering Profession The Institution of Engineers ..


Principles based review of the law of negligence. Institution ... those with valid claims have an opportunity to obtain compensation for loss suffered as a result of ..


COAG National Legal Profession Reform


- .. consumers) against the consequences of professional negligence by way of appropriate compensation, including future claims against ceased law practices; ..


Comparison of Workers' Compensation Arrangements in Australia ..


compensation was to sue their employer for negligence at common law. However, workers .. and claims management during the period of the insurance policy.


GOVERNMENT TO PROTECT COMMON LAW RIGHTS FOR ..


"The Government has also announced that restrictions on access to common law compensation claims by injured Queensland workers will not ..


Claim for Compensation for a Work-related death - Employer ..


Comcare has received a Claim for compensation under the Safety, .. medical practitioners and other health professionals, legal advisers and law .. prove negligence on the part of the employer for his or her claim to be successful. For a guide ..


Division_54_Review_Final_Report


The 'future care' head of damage has been removed from the common law, so that .. Even though the number of personal injury compensation claims may be .. have not used structured settlements in resolving any medical negligence claims.


INQUIRY INTO PERSONAL INJURY COMPENSATION LEGISLATION


Claim numbers have dropped dramatically and profitability is again high. In the longer term the restriction or removal of fault-based compensation for negligence ..


Joint Union Submiss - Department of Education, Employment and ..


Commonwealth Safety and Compensation Policy Branch,. Department .. the ability of employees to hold their employers accountable at law for negligence. .. common law and lump sums' for 'premium claims' (claims with a date of injury post ..


7.14 Managing the Legal Rights of Children in the Care of the CEO ..


Jump to ‎: Children in care may be entitled to make civil claims for compensation or monetary entitlement under a variety of ..


Civil Liability Act 2002 - NSW Legislation


5S Contributory negligence can defeat claim · 5T Contributory negligenceclaims under the Compensation to Relatives Act 1897 ..


P:\acts\02\2002-22.wpd [PFP#621623193]


20 Contributory negligenceclaims under the Compensation to Relatives Act .. (Application of common law damages for motor accidents to railway and other ..


In the law of negligence, a disclaimer will not generally be effective ..


(a) reduce or eliminate Act based claims seeking damages for personal injury .. duty of care standard, if such changes are made to the law of negligence, .. 4K at least for the purposes of sections 82 and awards of compensation under ..


Key Workers' Compensation Information, Australia


All Australian jurisdictions have workers' compensation laws which are 'no fault'. That is to .. worker does not need to prove negligence on the part of the employer. .. compensation claims involving one or more week of time lost from work, a ..


CR1 Eileen Sylvia Strikwerda submission


to be an unfair law regarding reduction in damages in a Wrongs Act claim for .. New South Wales Law Reform Commission are hoping to correct in the Compensation .. left behind for the negligent wrongful death of the person closest to them ..


Professional Negligence Litigation: A New Order in Civil Litigation ..


A pre-action protocol for solicitor's negligence claims is to be piloted in England in .. This is a new approach to case management in the Common Law .. More that £300 million pounds in compensation was paid out last year ..


Introduction - Productivity Commission


Rich Text Format - Public sector provisions for net outstanding workers compensation claims reached ... Historically, the principle of fault underlying the common law negligence ..


Lawlink NSW: Why is an Inquiry Timely?


recent judicial criticism of the common law,! negligence action;; financial .. compensation insurers to provide adequately for outstanding claims.


Health industry relevant organisation—source of revenue, public ..


204, Other compensation (e.g. Public liability, common law, medical negligence) .. personal injury claims arising from motor accidents and compensation for ..


Submission by Amaca Pty Limited to the Negligence Review Panel


Rich Text Format - In the course of resolving claims brought against it, Amaca and its legal .. The substantive law of negligence should be uniform across Australia and, to the ... where compensation is payable only to the extent that the loss has been, or is likely ..


find LEGAL answers - Accidents and Compensation - Negligence ..


Jump to ‎: About: Includes information making claims, time limits for .. loss, property related torts, professional negligence, reputation, ..


Making a claim - Motor Accident Commission


For information on entitlement to compensation for other treatment or services .. reductions are in addition to any other reductions for contributory negligence. .. Some people prefer to consult a lawyer to assist them through the claims process.


Law Handbook Online - South Australia


LEGAL OBLIGATIONS AFTER AN ACCIDENT · CLAIMING COMPENSATION · PERSONAL INJURIES .. Complaints against lawyers ... What is negligence?


Medical Negligence and Professional Indemnity Insurance ..


by R Callinan - 2001 - - A settlement agreement for a negligence claim whereby compensation is ... indemnity arrangements of other professionals, including lawyers and accountants.


NSW Court of Appeal - Recent Decisions of Interest - Supreme Court ..


Worker's Compensation: claim by injured worker against his former .. Lawyers: negligence; plaintiff obtained order under Family Provision Act ..


The New South Wales Workers' Compensation System: problems ..


23 part of the defendant. With negligence claims, negligence of the employer must be .. compensation advertising by lawyers & agents (subsequent regulations ..


Negligence and Complaints


A lawyer might be negligent if he or she causes a client to suffer financial or .. excessively delays work on a client's file such that the client's claim becomes statute .. client is seeking compensation for any loss caused by a lawyer's negligence, ..


Submission to the policy review of Comcare's permanent impairment ..


specialise in the area of commonwealth compensation claims. The Lawyers Alliance intends to address only the questions outlined by Comcare's discussion ..


Neighbours and the Law


police and ask for them to be removed. An occupier can sue a trespasser for any damage and claim compensation for any damage caused. As most trespassing ..


FAQs - Personal Injury Claim - Motor Vehicle Personal Injury ..


Personal Injury Claim FAQ's .. as a result of another person's negligent driving of a WA licenced motor vehicle .. What happens if I lodge my claim via a lawyer? .. If you exercise your right to engage a lawyer, the Insurance ..


Professional Negligence Litigation: A New Order in Civil Litigation ..


A pre-action protocol for solicitor's negligence claims is to be piloted in ... More that £300 million pounds in compensation was paid out last ..


Glossary


Insurance that covers claims against the insured by other persons for damage to their .. The defendant attempts to prove that the plaintiff's own negligence caused or .. In a solicitor's bill, a disbursement may include payments made on lodging .. Compensation for a wrong done, or an expense or loss suffered as a result of ..


Guide to income you must declare - Australian Taxation Office


compensation or insurance payments you receive for lost income ... A personal injury case may arise from medical negligence, sporting accidents, motor .. A lawyer can advise you whether or not you have a valid claim.


The Politics, Purpose And Reform Of The Law Of Negligence ..


Insurers are the most frequent defendants in negligence claims. .. Lawyers are not to be under-estimated in the politics of negligence. .. However, the question whether a no-fault system of compensation should be introduced ..


SUBMISSION BY THE LAW COUNCIL OF AUSTRALIA TO THE ..


by LAWCOF AUSTRALIA - 2002 - - The relationship with limitation periods for claims in contract and under statute. 74 .. The principal functions of negligence law are the compensation function, the ... introduced, they should be imposed on lawyers, and the sanction should be ..


Claims and benefits: Fact Sheet 4


a claim for workers compensation and what benefits a .. the worker must demonstrate negligence of the .. the worker's lawyer certifies that the worker has ..


Themes In The Law Of Torts - Supreme Court : Lawlink NSW


The first and most obvious theme is the dominance of the tort of negligence. .. A disappointed legatee can now bring an action against the solicitor for the .. the claim falls under the motor accidents legislation, the workers compensation ..


OPTIONS PAPER Australian Lawyers Alliance - Comcare


1 Australian Lawyers Alliance submission to the Clarke Inquiry. POLICY REVIEW OF .. for their clients – victims of negligence. Programs .. sum benefits, both in terms of the number of claims that have been accepted under the 2nd Edition Guide, but also in terms of payment of actual monetary compensation. The current ..


LAWYERS Lave"


governing the Military Compensation and Rehabilitation Scheme (MRCS) based .. How many potential negligent claims have not been able to be pursued and ..


Division_54_Review_Final_Report


Even though the number of personal injury compensation claims may be .. have not used structured settlements in resolving any medical negligence claims. .. A plaintiff lawyer sought advice in 2004 about the possibility of a structured ..


13. Damages - Review of the Law of Negligence - Treasury


13.24 The absence of such a tariff system makes it more difficult for lawyers .. compensation would be payable in respect of any claim (for general damages) ..


Costs — Judicial Commission of New South Wales


The purpose of an order for costs is to compensate the person in whose favour it .. But the mere fact that a defendant strenuously defends a claim does not .. by the same solicitors and counsel, there is a convenient "rule of thumb" that the .. that the issues of liability and apportionment for contributory negligence were not ..


Structured settlements - information for lawyers - Australian Taxation ..


A structured settlement is a way of settling a claim for personal injury compensation so that instead of the injured person (claimant) .. In other countries, plaintiff lawyers have been found to be negligent for not adequately ..


ch 10 Pleadings


Civil pleadings contain the particulars of a claim or defence and help to narrow the .. Lawyers fear professional negligence claims if they limit the issues ... compensated for by an appropriate costs order, or if it would be contrary to the public ..


claim compensation from Centrelink.


Centrelink may pay compensation where it is likely to be found liable to pay compensation (such as for negligence) if the matter went to a court. .. Before your claim for compensation is considered, your case may be reviewed under the ..


Without Prejudice Issue 42 - Legal Services Commissioner : Lawlink ..


.. Workers compensation legislation, Substantial medical negligence claims .. The second count involved the solicitor misleading a legal ..


Lump Sum Damages - Common Law


A common law claim may be lodged for injury or death from: .. Any contributing negligence on the part of the claimant themselves could have the effect of .. The compensation payable may include, loss of income benefits - (Loss of .. In such circumstances the claimant's lawyers are asked to cooperate to the fullest in ..


LEGAL PROFESSION


In South Australia lawyers study at either the University of Adelaide or .. It has no power to make a finding of negligence against the lawyer but will .. a right to claim compensation from the Legal Practitioners Guarantee Fund, ..


Lawlink NSW: 3. The Common Law Negligence Action


3.1 In Chapter 2 the history and present state of compensation ... from the solicitor who had represented them in their compensation claim.


Negligence and other claims - Australian Government Solicitor


AGS has extensive experience in the fields of negligence and other damages claimed against Australian Government departments and agencies. Our lawyers ..


A Brief Introduction


owner/driver of the 'at-fault' vehicle provided negligence can be established. You can .. (e.g. a hit and run accident) you can claim compensation from the Nominal .. A lawyer can give you independent advice about whether you have a claim ..


Comparison of Workers' Compensation Arrangements in Australia ..


It was no longer necessary to prove negligence on the part of an employer. ... aligning common law claims brought under the Workers' Compensation and ..


ACT Department of Treasury - Compulsory Third Party Insurance


Compulsory Third Party Personal Injury Claim Notification (MANF), 1 October 2008 .. your entitlement will be reduced by the extent of your contributory negligence. .. A lawyer can give you independent advice about whether you have a claim ..


4 February 2011


SUBMISSIONS OF THE AUSTRALIAN LAWYERS ALLIANCE. These submissions .. Contracting Pty Ltd -v- Strikwerda & AnorI in respect to claims for compensation to relatives arising from the negligent death of a person as a ..


STRUCTURED SETTLEMENTS


for compensation. A lawyer can advise you whether or not you have .. negligence, sporting accidents, motor vehicle accidents, and public liability or product liability. .. s The claim is not a workers' compensation type claim. s The settlement is ..


Submission 3 - Ian M Johnstone - Disability Care and Support Public ..


The ideal reform would be a National Compensation and Rehabilitation .. recovered go to the lawyer as costs if there is a win and nothing to the lawyer in an .. heretical, or at least unthinkable, to abolish Common Law Negligence claims for ..


MEDICAL NEGLIGENCE


Breaches of that duty may give rise to claims for damages. .. Often a lawyer will have to collect a great deal of information, such as .. It is only the medical problems which flow from the negligence which lead to compensation.


INQUIRY TO REVIEW THE LAW OF NEGLIGENCE


interests of fairness, doctors and other professionals, including lawyers, should be .. and unsustainable as the principal source of compensation for those ... cases dealing with aspects of the law of negligence in claims for damages for ..


National approach necessary;


- A public perception of 'ambulance chasing' personal injury lawyers and the ... Claims for personal injury compensation arise out of the finding of negligent ..


REVIEW INTO COMCARE SUBMISSION


The Australian Lawyers Alliance is the only national association of lawyers and other .. accidents, professional negligence and women's justice. We also .. administration of workers' compensation in Australia, with ongoing claims and a high ..


find LEGAL answers - Accidents and Compensation - Personal injury


Jump to ‎: Title: Accidents and injuries, Vol 2, Lawyers practice manual NSW. About: Covers workers compensation, car accidents, ..


Litigation & Dispute resolution | Victorian Government Solicitor's ..


Our team of specialist public lawyers are skilled at advising on all matters of civil .. S 138 matters (Accident Compensation Act recovery proceedings by the VWA) .. civil claims against police members, contractual disputes, negligence claims, ..


Negligence


What will be regarded as negligence varies from case to case, and no firm .. A lawyer might be negligent in allowing excessive delays that result in the .. to a client nor can it award compensation to the client although the parties may .. the client to seek independent legal advice about a negligence claim.


Attachment to submission 305 - Australian Lawyers Alliance ..


Medicare, Centrelink, Workers Comp, Comcare. Past Economic Loss .. claims where damages excluding general ... negligent third party causes the injury.


Negligence and Insurance Premiums: Recent Changes in Australian ..


The trade-off between universal compensation at some level and generous .. inherent in a claims made and notified policy virtually irrelevant[6]. ... apply to cases of alleged negligence by lawyers, accountants and auditors.


No Fault Compensation Briefing Paper No 6/05


by T Drabsch - 2005 - - Medical Negligence: An Update by Talina Drabsch, NSW. Parliamentary ... potential claims were prevented by the changes to the tort system in 2002. ... Australian Plaintiff Lawyers Association, The Compensation Scheme under the Motor ..


Word version - Lawlink NSW


- c my solicitor c my barrister c lawyer for the other side .. c professional negligence (e.g. medical) c industrial law c victims compensation .. If you are claiming compensation, please set out details of the amount claimed and the reasons, in the ..


NSW Court of Appeal - Decisions of Interest - February to June 2010 ..


Negligence; advice; lawyer advised client about making a claim under the Workers Compensation Act 1987 but failed to advise her that, ..


Negligence: The Last Outpost of the Welfare State - Supreme Court ..


Death Benefits and Contributory Negligence Relatives claiming under the Compensation to Relatives Act 1897 upon the death of a relative find themselves in a ..


Structured settlements - information for injured people


A lawyer can advise you whether or not you have a valid claim. You may be entitled to receive your compensation in the form of a lump sum or a .. A personal injury case may arise from medical negligence, sporting accidents, ..


Negligence - Where Lies the Future? - Supreme Court : Lawlink NSW


The law of negligence is not immune from this phenomenon. .. human right to recover full compensation for negligence according to the rules of the common law. .. causes of action unbelievable to a previous generation of lawyers. .. fact that negligence claims are decided according to the law of the State ..


Compensation and insurance


A lawyer can advise you whether or not you have a valid claim. If you settle a personal injury claim, or if a court orders in your favour, you may ..


COMPLAINT FORM


q professional negligence (e.g. medical) q industrial .. the Commissioner or the Administrative Decisions Tribunal finds the lawyer guilty of unsatisfactory professional conduct or .. If you are claiming compensation, please set out details of the ..


Other Intermediate Courts of Appeal in Australia - Recent Decisions ..


Negligence: action for damages in negligence for detention as an .. summary invoice constituted a payment claim giving rise to a payment dispute under the .. Lawyers: duties and liabilities; authority to compromise; counsel for the ... 87 of the Accident Compensation Act (Vic) eliminated the requirement of ..


Commercial notes No 23 - Australian Government Solicitor


The legislation also extends to claims for damages under the .. Damages is defined broadly to cover 'any form of monetary compensation': s 24AE. ... and dispute resolution lawyers who specialise in the law of negligence, ..


Pleadings and particulars — Judicial Commission of New South Wales


(For example, it may be asserted that the defendant was negligent, in which case ... Claims for indemnity under s 151Z(1)(a) of the Workers Compensation Act 1987 .. from the defendant's solicitor to the plaintiff's solicitor dated [...... date].


Legal Briefing No 68 - Australian Government Solicitor


The common law in Australia in relation to compensation for psychological .. of those who may claim in negligence for pure psychiatric injury.


Access to justice and information


to bring their claim due to the cost of legal representation. Accessing .. injury laws, which have restricted the rights of injured people to claim compensation. It is noted .. because it promotes personal responsibility for negligence and ensures justice for .. Such information is important to assist people in selecting a lawyer ..


Legal Bulletin issue 14 - Consumer, Trader and Tenancy Tribunal


The home owners also claimed negligence by the architect in approving .. proper and workmanlike manner which gave rise to the order for compensation. .. to rely solely on the Hall report was his alone or that of his lawyers.


Policy and the Swing of the Negligence Pendulum - Supreme Court ..


[11] Public policy protects claims by students against examiners. ... and desire to compensate fully those harmed by the negligence of others prevailed. .. The courts hesitate long before holding that a solicitor is negligent.


MEDICAL MALPRACTICE - AN INTERNATIONAL PERSPECTIVE ..


My lawyer's eye discerned that medical malpractice was not classified as a type ... have abolished tort claims for work injuries, making statutory compensation ..


INQUIRY INTO PERSONAL INJURY COMPENSATION LEGISLATION


Lawyers Alliance. Nearly 500 lawyers who specialise in representing injured plaintiffs in compensation claims are members of the organisation in New South ..


(2) A contravention of this clause by a barrister or solicitor is ..


to any area of practice or specialty of the lawyer that is published by an .. increasing the number of litigated personal injury compensation claims and driving .. of injured people to take legal action against a negligent defendant, was a myth.


INQUIRY INTO PERSONAL INJURY COMPENSATION ..


compensation legislation in NSW. .. The changes to the workers' compensation scheme in 2001. .. economic loss resulting from negligence by the insured. During late .. Provisions for proportionate liability for claims involving economic loss or property .. Claimants and their solicitors are able to enter into costs agreements ..


STANDING COMMITTEE OF ATTORNEYS GENERAL


the Victorian legislation providing for limited compensation payments to clients; .. test could preclude a claim of negligence against a solicitor in circumstances ..


Compensation for defective government administration ..


Complaints against police · Complaints against lawyers · Complaints .. Payment in settlement of a claim; Compensation for Detriment caused by .. against the Commonwealth – usually for an action in negligence but can also ..


CHAPTER 4 - Review of the Law of Negligence


Rich Text Format - It is unconvincing for plaintiff lawyers' groups to assert that there is little .. 1 Further, when claims are made, the proportion that is successful is not high. .. negligence, only one in 15 received some financial compensation from ..


A death in the workplace - a guide for families and friends


What if the employer does not have a workers' compensation policy? . . . . . . . . . 10. Getting help with the .. Further information on claims . ... negligence. You should consult a lawyer if you think the employer's negligence caused the injury, ..


Australian Institute of Criminology - Compensation for wrongful ..


Compensation levels for wrongful conviction in Australia are not as .. This paper considers the scope of claims made in Australia through some key case studies. .. not as generous as those for normal tortious claims such as negligence, .. Academics, lawyers and the press have criticised this rather mean ..


80028 OLSC NL Oct2007.indd


Injury Compensation Lawyers. • Personal Injury News. • Public Liability / Slip & Fall. • Motor Accident Claims. • Medical Negligence. • Asbestos ..


Centralised management of common law personal injury asbestos ..


The Asbestos-related Claims (Management of Commonwealth Liabilities) .. benefits under the Veterans' Entitlements Act 1986, Safety, Rehabilitation and Compensation .. alleged to have negligently caused or contributed to the asbestos-related .. staff and will utilise a range of external lawyers and research consultants.


Lawlink NSW: Existing Compensation Arrangements


the common law negligence action;; the workers' compensation .. out by lawyers on behalf of the litigants) incurred in common law claims vary, ..


80216 HUMSER Cov.indd


by M Ellison - 2005Minter Ellison, Lawyers (Minter Ellison), the DH contracted claims manager for the .. the injury gives rise to a legal entitlement to compensation, that liability will .. Letters asserting negligence or wrongdoing or making a claim for some form of ..


Speeches and Papers - Legal Services Commissioner : Lawlink NSW


Large damages would still be pursued through a negligence claim before a court, as the OLSC is arguing for a compensation power that is ..


DDA: Court decisions


Confidentiality of settlement agreement and claim form .. Application to be represented by a non-lawyer refused .. Employment discrimination claim found barred by deed of release in workers compensation claim .. attempting to board found negligent rather than discriminatory; rail operator found to have ..


Structured settlements - examples


Paul's lawyer made a claim for compensation against the public .. Tony was seriously injured because of medical negligence, for which the ..


Compensating crime victims within New Zealand's no fault accident ..


Whilst the benefits available in fatal claims include: surviving spouse weekly .. There is no need for lawyers; nor are there the other expensive trappings of a compensation system based on showing fault or negligence in the courts. How did ..


The Metamorphosis of Slip and Fall - Supreme Court : Lawlink NSW


Small claims for personal injuries are a thing of the past. .. "The statutes in this State relating to workers compensation and common law damages claims by .. is to follow the example of the New York Plaintiff Lawyers' Association, or, .. further than the recommendations of the negligence review panel, ..


NSW Court of Appeal - Decisions of Interest - August to December ..


Whether work referred to in variations claim part of work covered by lump-sum .. Proceedings involving the Workers Compensation Act 1987 s 151Z; whether .. Negligence; solicitor acting for both parties; duty of care during ..


Negligence: Is Recovery for Personal Injury too Generous ..


Secondly, fundamental changes to the law of negligence have been implemented by statute. .. the creation of workers' compensation and compulsory third party .. including their effect on the overwhelming majority of claims that are .. Lawyers, even after Wagon Mound (No 2), continued to refer to the test ..


Tort Law Reform in Australia - Supreme Court : Lawlink NSW


Secondly, there have been major changes to the law of negligence implemented by statute. .. The plaintiff lawyers, or as, they call themselves, trial lawyers of New .. a person ought to receive compensation, even in a fault based system. ... The evidence suggested that in smaller claims, say up to about ..


COAG National Legal Profession Reform


2 Professional indemnity insurance for foreign lawyers practising foreign law in Australia will .. against the consequences of professional negligence by way of appropriate compensation, including future claims against ceased law practices; ..


The Essential Handbook - business.gov.au


contractors relating to payroll tax, workers' compensation and insurance. For more .. Unfair contract claims must be brought to the Federal. Magistrates Court or ..


CGU Insurance v Porthouse


A barrister, who failed to advise that a compensation claim be filed before .. both the solicitors and Mr Porthouse had been negligent and gave ..


Recurring Issues in the Court of Appeal - Supreme Court : Lawlink ..


TC v State of NSW [2001] NSWCA 380 (negligence by omission – causation – onus of .. Co [2001] NSWCA 461 (filing of cross claim after Calderbank Letter, costs of contribution .. General rule against double compensation ... Assessing damages in cases involving solicitors negligence and Limitations Act ..


VGSO Publications | Victorian Government Solicitor's Office | VGSO


Victorian Government Solicitor's Office | VGSO .. IP & Technology, Judicial Review, Land Acquisition and Compensation, Law Enforcement and .. Throws a spotlight on negligence claims against the police and explores the circumstances in ..


Proposed Changes to the ACT's CTP & Workers Compensation ..


the Act prevents any statement of claim or defence being filed in court. A solicitor who so certified at this time could be guilty of negligence because the issues in ..


Fidelity Cover - Attorney-General's Department


- Practising lawyers represent a category of professionals required to hold both .. protection against losses, whether they are caused by negligence or wrongdoing. .. The purpose of the fund is to provide a source of compensation for people who .. Payments of successful claims in relation to failure to account and dishonest ..


Instructions for filling out a Statement of Claim - Car Accidents ..


If you are not represented by a lawyer this should be your own name and .. in a car accident claim, see Pleadings and particulars used in car accident claims. .. For an example of Particulars of Negligence, see Sample Statement of Claim 1 ..


Legislation


Reduction of claims NEGLIGENCE ALCOHOL AND TEENAGE PARTIES Racial .. Injuries Compensation Act 1978 VICTIMS OF CRIME COMPENSATION .. Legal Practitioners Act 1981 Complaints against lawyers Disputes about costs ..


A GUIDE FOR PEOPLE INJURED IN A MOTOR VEHICLE ACCIDENT


If liability is accepted with contributory negligence. 13. If liability .. be able to make a claim for personal injury compensation .. accredited solicitors in your area.


LONG TAIL PERSONAL INJURY CLAIMS CORPORATIONS AND ..


The Australian Lawyers Alliance makes this submission to the Corporations and .. personal injury claim shall be placed on the same footing as current creditors of ... the rights of the injured and those disadvantaged through the negligence of ..


Lawyers' Immunity


It was also held that a solicitor would be entitled to the same immunity in ... the immunity to claims in negligence which is not the extent of the immunity. In ... 'struck off' the roll and/or being ordered to pay compensation for professional ..


ACCIDENTS INVOLVING ANIMALS


There are three types of compensation claims that can be made where an injury .. It is advisable to see a private lawyer or seek legal advice from a .. than dogs) is decided according to the principles of the law of negligence.


Public Liability Insurance


injury or property damage caused by or attributable to the negligence of the insured. ... governing how claims are dealt with and how any compensation is ... May allocate the matter to its (usually external panel of) lawyers to defend the ..


Public Submission - Review of the Law of Negligence - Treasury


Rich Text Format - breach of this duty can make a claim for compensation. .. win - no pay ' lawyers , anyone who has chosen to enter into medical negligence litigation knows that ..


 


Negligent liability in sport


by N Schot - 2005 - - allowing valid victims of negligence in sport to claim damages, with the fact .. 16 Dean Laing, 'Liability of Contact Sports Participants' (1993) 66 Wisconsin Lawyer 14. ... compensation for their remaining loss which was caused wholly by the ..


Misrepresentation and misleading or deceptive .. - Lecture Notes


Lawyers

are used to the idea of fault as a pre-requisite to liability. We see this is negligence actions, in estoppel cases (remember the need to show .. there were certain limits on recovery in the relevant workers' compensation legislation. .. Ormiston J held that a breach of contract claim could not be sustained because of ..


E LAW | A Remedy for Nervous Shock or Psychiatric Harm – Who ..


The development of the law on compensation for psychiatric injury for .. In psychiatric injury claims based on negligence, the above ingredients often merge into ... as unsatisfactory by judges, lawyers, academics, plaintiffs and defendants.


Professor Barbara McDonald - Sydney Law School - The University ..


Liability for Negligence; Tort Law and reform; Negligence; Professional and .. "Proof of Causation in Claims for Negligence and Breach of Contract", (1999) 73 .. No-Fault Compensation", 2005 Australian Lawyers Alliance No-Fault Forum, ..


Luntz, Harold --- "Loss of Chance in Medical Negligence" [2010 ..


by H Luntz I make no claim in this paper to any originality in the theory, either for or .. have caused the actual injury: compare Compensation Act 2006 (UK) s 3 (where ... This is what is done in the cases in which a solicitor's negligence ..


the sydney law review


he has taught a generation of law students, educated and informed lawyers, mentored and .. claim to have heard of, let alone read — were the stuff of legend. .. compensation scheme that does not depend on proof of negligence. Luntz ..


Bullying in the workplace (OHS 65)


Workers' compensation claims for psychological injury are the most expensive ... was held to be negligent, in that the employer's representative (the worker's ..


Will Apportionment of Responsibility for Misleading Conduct Erode ..


by SA Christensen - 2006 - - introduction of the concepts of contributory negligence and .. Technology; Consultant Gadens Lawyers; Amanda Stickley, Lecturer, .. concurrent wrongdoers where a claim for compensation under s 82 arises from the contravention of s. 52.


E LAW | Public Tort Liability: An Alternative to Tort Liability and No ..


For example, no citizen would claim that suing in negligence is a form of ... the tort system and the share going to the plaintiff as compensation after lawyer fees ..


CIVIL LIABILITY ACT 2002


Standard of contributory negligence 5S. Contributory negligence can defeat claim 5T. Contributory negligence-claims under the Compensation to Relatives Act ..


SOLICITORS' WILL-MAKING DUTIES


by R Mortensen - 2002 - ble corollary is that there has been a rise in the number of claims — merited or .. Martin Vranken, 'Negligent Solicitors and Compensation for Economic Loss: ..


Contemporary developments in the law relating to personal injury ..


by BD Bongiorno - 2001 - personal injury, negligence and compensation. Bernard .. the famous British lawyer, politician and wit, once said that ... can succeed in a claim in negligence.


EDUCATIONAL NEGLIGENCE: AN AUSTRALIAN PERSPECTIVE


student has that same option.95 Where a student wishes to claim compensation by relying on negligence law because, in the student's view, the education ..


UNSW Continuing Legal Education Workers Compensation


We will examine important cases and legislation dealing with compensation procedures and principles. .. Small Claims; and .. groups; Professional Negligence Plaintiff Lawyers; Union & Industrial Advocates; Workers Compensation Lawyers ..


Time to abolish lawyers' immunity from suit - [1999] AltLJ 32; (1999 ..


Why should a surgeon who loses a case because their lawyer has failed to read .. to be compensated as the lawyer when the surgeon leaves a swab inside him? .. Australian barristers and solicitors are immune from claims for negligence in ..


Australian Costs of Raising Children, by Dr Paul Henman - School of ..


Courts and lawyers have used costs of children research to identify the size of .. in medical negligence and motor vehicle accident compensation claims.


Trends in Personal Injury Litigation: The 1990s - [2003] VUWLRev ..


by ALS Abolished - Just as Accident Compensation did not exist in a political or social vacuum, it also did not .. Medical mishap was defined to occur where there had been no negligence in .. As claims for nervous shock started to be made, lawyers also added ..


WebLaw - Torts


Health and Other Services (Compensation) Act 1995 (C'th): An Act relating to the .. a person; to amend the Legal Profession Act 1987 in relation to costs in civil claims. .. of civil actions; to amend the common law doctrine of contributory negligence; .. Torts Law (Service/Regulatory Agency) Practice Group (Crown Solicitors ..


UNSW Continuing Legal Education Personal Injury


Claims against employers, landowners and Local government • Negligence Claims • Managing expert medical witnesses. 12.15pm -12.30pm Questions –Close ..


CIVIL LIABILITY ACT 2002 (NSW)


statutory schemes, CTP and workers compensation. .. All personal injury damages claims, including medical negligence, contract and tort liabilities, ... Courts may force lawyers to indemnify their clients who incur increased costs liability as a ..


QUT | LJJ | Queensland Government Actions to Compensate ..


by L Stallybrass - 2004 Third, those conducting or managing the process (judges, lawyers, ... He proposed to claim damages for negligence, breach of contract, ..


"Premiums should be based on claims experience so as to provide ..


by A Clayton - 2002 - impact upon workers' compensation claims. However, this is a .. 3. A recent example of such an argument is the Australian Plaintiff Lawyers Association. (APLA) submission, dated 2 August 2002, to the Law of Negligence Review Panel. 3 ..


Medical negligence, litigation and mediation


by L Emanuel - 2002 - people who seek compensation for injuries actually caused by .. a negligence claim take action? Informed .. for that matter, lawyers) is the cause of the current ..


1 Law Reform (Contributory Negligence) Amendment Bill 2001 LAW ..


The Bill will enable the apportionment of liability in a claim for damages where the claim is based on grounds other than negligence. .. of Australia · Queensland Workers' Compensation Self Insurers Association; and · Commerce .. Bill 2001 · Queensland Law Society · Australian Plaintiff Lawyers Association · Queensland ..


E Law: Constructing a Liability: Bryan v Maloney


The ordinary law of negligence does not permit a claim of damages arising from a .. This legal fiction embodies a policy not to compensate for mere quality defects. .. In Hill, this produced a comparison of the solicitor's liability to that found in ..


RISING LEGAL COSTS


by RE Marks - - that, whether lawyers or business economists, advisors of those who must make .. Florida, which applied the English rule to medical malpractice claims during .. For some kinds of accident compensation cases, a form of no-fault insurance ..


17 Workers Compensation:CLE


Small Claims; and. • Workplace Injury .. Workers Compensation Lawyers. Litigation Lawyers. In-house legal advisors. Professional Negligence Specialists ..


Personal Injury Lawyer / Jobs / Degrees to Careers / Students / The ..


Personal injury lawyers specialise in representing and advising clients .. liability, negligence, defamation, claims against government departments, .. whether or not they have a case and are likely to receive compensation.


Vranken, Martin --- "The Relevance of Civil Law Doctrines in ..


by M VRANKEN - In the result, a disappointed legatee's claim to be compensated for the economic harm caused, negligently, by a solicitor's failure to act was upheld in Hill v Van ..


Dr John Bevacqua - Staff profile, La Trobe University


John practised as a tax and corporate lawyer for over 10 years before .. taxpayer rights to compensation for wrongs of the Commissioner of Taxation. .. J Bevacqua, 'A Detailed Assessment Of The Potential For A Successful Negligence Claim ..


" Who then in law is my neighbour?"-Reverting to First Principles in ..


by NA Katter - 2004 - adventurous lawyers and disgruntled clients with a new horizon of potential .. to be compensated for negligently generated economic loss can include: the public .. accommodate and balance these issues in the variety of negligence claims ..


Australian Lawyers and Social Change – 30 Years Later


The focus of the conference was the role of law and lawyers in society, .. abolished common law rights to claim compensation for personal injury ... negligence (that is, failure of a plaintiff to take reasonable care for his or her own safety) ..


Barker, Kit --- "Unfamiliar Waters: Negligent Advocates, Egregious ..


by U WATERS Abstract: The negligent misrepresentation of a client's case at criminal .. claims against negligent solicitors and others for lost civil litigation, or lost .. danger of allowing a criminal to claim compensation for the consequences ..


TORTS - Lecture 11


Microsoft Powerpoint - greg.young@lawyer.com .. Non-economic loss is traditionally claimed under three main heads of damage: .. There is no acceptable criteria for assessing what is fair compensation for a .. A court cannot award exemplary, punitive or aggravated damages in an action for personal injury resulting from negligence : s21 ..


MIXED MESSAGES ON SEXUAL ASSAULT AND THE STATUTE OF ..


Review of the Law of Negligence: Final Report ('Ipp Report')4 have largely ... liament in enacting a limitation statute, a species of so-called 'lawyers' law'.61 ... so as to enable them to make late claims for compensation: see, eg, Wright v ..


Legal eagles drink to a mouse, La Trobe University


The law of negligence has long been flavoured by unwelcome critters. .. about a mouse in a drink would have caused the eyes of many lawyers to mist over .. and in this case poor May Donoghue was able to be compensated by the manufacturer for .. This claim gives rise to all sorts of speculation about the effects of the ..


PERSONAL INJURIES COMPENSATION SINCE THE .. - Informit


by A Field - 2008 - - delivered at the Australian Insurance Law Association, Melbourne, 18 October .. the existing law, whether their claims were based on negligence or any other ..


The Australian Picture - [2004] VUWLRev 40; (2004) 35 VUWLR 879


by H Luntz - My paper, "Looking Back at Accident Compensation: An Australian Perspective" ... even if they were successful in obtaining judgment, and the lawyers involved did not .. The Panel is not aware of any significant volume of negligence claims ..


REGULATION OF THE ETHICS OF AUSTRALIAN LEGAL ..


by C PARKER - - 'gross negligence' could a lawyer be sanctioned for lack of care and .. frivolous or vexatious claims or claims for an ulterior purpose, or for excessive ... compensation or restitution was available to the client through the disciplinary process.


Alan Davidson - Law Firms


Solicitor

and Barrister of the Supreme Court of New South Wales and of the .. 35 Years concentrating in personal injury and medical malpractice claims. .. Compensation Act, injury benefit plans, workplace injury claim defense and ERISA.


harriton v stephens PDF summary


claim related to the failure of her mother's GP to accurately diagnose her mother's .. brought alleging liability in negligence and seeking compensatory damages. The appeal to the .. possible for a person to claim compensation for his or her existence, even where .. legislators and lawyers throughout the world." Crennan J ..


imageREAL Capture


'I say, doctor,' said a lawyer one day, 'why are you always running us .. is no doubt an unpopular principle in medical circles - that a negligence claim is not .. had arisen out of original proceedings to determine the compensation payable ..


LAW OF TORTS


Microsoft Powerpoint - greg.young@lawyer.com .. Motor Accidents Compensation Act 1999 except the provisions that subsection (2) .. The part applies to any claims in negligence regardless of whether the claim is brought in tort, contract, under statute or otherwise ..


NEGLIGENT INVESTIGATION BY POLICE: CAN A DUTY OF CARE ..


by J YULE - - receiving no compensation. The tort of .. and individual police officers, claiming malicious prosecution, negligence and breach of his rights under the ... Why should they not be liable, as other groups such as doctors, lawyers and engineers ..


LEC - Subjects - Torts - Links


Motor Accidents Compensation Act 1999 (NSW) .. Statutory Duties (Contributory Negligence) Act 1945 (NSW) (repealed legislation) ..


Corbett Final.fm


by A CORBETT - - This body of law gives a right to claim compensation to any person who has sustained harm .. system is not fair in the sense that the tort of negligence delivers compensation to a very small number of .. by tort lawyers.14. The obligation to pay ..


GOVERNMENT LIABILITY IN NEGLIGENCE


35 See, eg, Mark Aronson, 'A Public Lawyer's Responses to Privatisation and .. novel negligence claims by reference to its notions of what might be 'fair, just ... concerns as to whether the state should compensate certain classes of loss.122 ..


Sport in Schools: Some Legal Liability Issues


by P Williams - and pursues a claim for compensation, the student usually sues the education authority in negligence. .. New Zealand Education Law Association (Inc), ..


WORKERS' COMPENSATION AND REHABILITATION ACT 2003


Entitlement to compensation ends if damages claim is finalised Division .. Information to be given by party's lawyer before other type of settlement attempted 292. Parties to make .. Standard of care in relation to contributory negligence 305G.


TIME TO ABOLISH THE RULE IN SEARLE V WALLBANK FOR ..


by A Gray - 2008 - the doctrine in Searle v Wallbank (mostly in relation to negligence claims only),34 the .. compensation to a plaintiff injured by cattle that had strayed onto a highway .. injure your neighbour; and the lawyer's question, Who is my neighbour?


Contractual Liability


other party for workers' compensation, fire, motor vehicle and other claims which were .. contract endeavoured to limit claims for negligence to resupply of the .. were occupying, and the solicitor acting for the building owner refused to alter it.


Apportionment under the Civil Liability Act


by AP Stickley - 2008 - Queensland Lawyer 28(6):pp. 292-294. © Copyright .. The damages were to compensate the plaintiff for the cancellation of his winning Oz .. central element to both the breach of contract and the negligence claims (at [26]). At [30] his Honour ..

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Friday, 29 July 2016
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