Bill Madden

2 weeks ago | billmaddens.wordpress.com | Bill Madden

Patiniotis v Garling [2025] TASFC 5 (Link pending). Ms Garling’s claim had succeeded at trial, she recovered damages arising from the performance of a stapled haemorrhoidectomy following episodes of anal bleeding. On appeal the surgeon sought to overturn the trial judge’s findings on breach of duty, and causation by reference to the trial judge’s acceptance / consideration of expert evidence. The appellant also challenged the awards for past expenses and for future domestic assistance.

2 weeks ago | openlegalblogarchive.org | Bill Madden

QC v The Scout Association of Australia New South Wales Branch [2025] ACTSC 228 (Link to AUSTLII). With thanks to Alessandra Pettit for drawing attention to this interlocutory decision in relation to the plaintiff’s statement of claim. There were various versions, but in essence the defendants sought to have that pleading struck out and alternatively an order that the plaintiff provide further and better particulars of the claim.

2 weeks ago | openlegalblogarchive.org | Bill Madden

Pearce v Waller Legal [2025] VSC 324 (Link to AUSTLII). With thanks to Michael Magazanik for drawing attention to this Victorian (judge alone) decision. The judgment is rather long; not all issues are addressed in this note. When represented by the defendant, Mr Pearce settled his abuse claim against Missionaries of the Sacred Heart for $140,000 inclusive of legal costs. About 4 years later Mr Pearce issued a fresh proceeding against MSC.

2 weeks ago | billmaddens.wordpress.com | Bill Madden

B P v K R & ANOR [2025] SASC 58 (Link to AUSTLII). Default judgments had been entered in this matter, where the plaintiff alleged abuse (battery) by the first respondent when she was a child and when she was an adult, and by the second respondent when she was an adult. The first respondent was convicted for sexual abuse against a child being B P. He was also convicted in relation to offences against two other females.

2 weeks ago | billmaddens.wordpress.com | Bill Madden

The Special Commission of Inquiry into Healthcare Funding, led by The Honourable Justice Richard Beasley, conducted a major review of the NSW public healthcare system and how it is funded. The Report is now available. (Link to Report). 41 recommendations across 12 key areas including workforce, education and training, funding and procurement processes were made under the following headings.