RSS | Archives

  • Pain medicine physicians and pain management programmes

    23rd Feb 2017

    Pain medicine is a relatively new medical speciality that can be used to assess personal injury cases where pain is a major contributing component to impairment and disability. This article outlines the specialist training, examination and expertise that distinguishes pain medicine physicians from other medical specialists and the difference between a pain medicine physician and pain management programmes (PMPs).

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  • Nervous shock & psychiatric claims after the loss of a child

    16th Feb 2017

    The law in Australia as it currently stands has the capacity to compound a parent’s grief in such circumstances and generate more than justified contempt towards the legal system. Particularly given the widely accepted view across the community would be that entitlement to compensation in such horrific circumstances would be considered both reasonable and appropriate.

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  • Interim ban on ethanol burners after a spate of accidents & injuries

    9th Feb 2017

    In late 2016 there were a number of announcements about the interim, 60-day, banning of ethanol burners in Queensland, and across other states and territories. The bans followed 38 incidents in Queensland and 117 in total across Australia since 2010.

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  • Teen burn victim claims against party host

    25th Jan 2017

    In 2013, a 16-year-old girl suffered third degree burns to 42% of her body at a house party when a teenage boy poured an accelerant on to an open fire at a house party. In July 2016, the Brisbane Times reported that the young woman is attempting to claim almost $12m in compensation for her ordeal.

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  • The first interview with injured clients

    19th Jan 2017

    I’ve interviewed thousands of injured clients, some with minor injuries, and others with the worst injuries imaginable. Every interview is different.

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  • How is the PI compensation process affecting your client’s recovery?

    12th Jan 2017

    The experience of a long, complex and at times adversarial legal process pursuing personal injury (PI) compensation with the need for multiple health assessments and delays in receiving funds has been shown to increase stress and recovery time for injured people.

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  • Liability to entrants to the family castle

    7th Dec 2016

    The Supreme Court of Queensland’s decision in Chandler v Silwood [2016] QSC 90, delivered by Holmes CJ and recently upheld on appeal, further highlights the duty of care owed by owner/occupiers of family homes towards those lawfully entering the property.

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  • GP Chaperones – Is a review warranted?

    30th Nov 2016

    The need for chaperones for medical practitioners in private practice has received a lot of media attention in the past few weeks.  With attention-grabbing titles such as “Chaperone ordered for Canberra GP accused of “grooming” female patient’, and ‘Darwin doctor banned from examining women without supervision’, one would be forgiven for believing there was an epidemic. 

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  • Continuing Detention Orders

    21st Nov 2016

    Anna Talbot and Greg Barns discuss continuing detention orders and the legal twilight zone that occurs when courts try to predict the future.

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  • ‘Nervous shock’ and the Hillsborough disaster: injustices remain

    15th Nov 2016

    David Schwartz discusses the psychiatric injury 'nervous shock' and the tragedy of the Hillsborough disaster in Liverpool.

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  • Expert reports in comp claims: tips to avoid evidentiary traps P2

    9th Nov 2016

    Benjamin Whitten writes part two of his expert report in compensation claims - giving tips to avoid evidentiary traps.

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  • Expert reports in comp claims: tips to avoid evidentiary traps P1

    2nd Nov 2016

    Ben Whitten writes an expert report in compensation claims and gives tips to avoid evidentiary traps.

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  • Evidence shows crimes committed by our government on Nauru and Manus

    26th Oct 2016

    Evidence of crimes committed by the Turnbull Government on Manus and Nauru is compelling, say Greg Barns and Anna Talbot from the Australian Lawyers Alliance. 

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  • Cosmetic Surgery: the end of an unregulated medical specialty?

    19th Oct 2016

    In recent years, there has been a dramatic increase in the amount of cosmetic surgery being performed in Australia. Cosmetic surgery is no longer only for the rich and famous; it is becoming more popular and accepted within the community at large. The increase in the availability of cosmetic surgery has led to stiff competition between providers, driving down prices.

    With this increase in use, there have been a number of recently reported incidents where patients have suffered adverse reactions during cosmetic surgery procedures or from patients unhappy with the results of their surgery, which highlights the lack of regulation of the industry.

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  • Australia - A refugee policy to condemn not replicate

    12th Oct 2016

    At the UN Refugee Summit in NY Australia’s Prime Minister, Malcolm Turnbull, stood in front of world leaders and claimed his government’s refugee policy was the best in the world. But many people in Australia will tell you that Mr Turnbull’s boasting was misplaced.

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  • Traumatising Incident (Workplace) – Employer’s Response Inadequate

    5th Oct 2016

    Sarah Dreger discusses the case of Greenway v The Corporation of the Synod of the Diocese of Brisbane [2016] QDC 195. In this case the District Court has awarded more than $450,000.00 to a young woman who developed post-traumatic stress disorder during the course of her employment as a residential carer for wayward youths. This was due to her employer's inadequate response to a traumatising incident that occurred. 

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  • UN Refugee Summit NY: Turnbull breaks commitments

    29th Sep 2016

    Anna Talbot and Greg Barns report on the UN Refugee Summit in New York and why the Turnbull Government's current approach breaks our commitment to the UN Refugee Convention. 

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  • Changing Total and Permanent Disablement (TPD) Definitions

    20th Sep 2016

    Historically, TPD definitions have usually been consistent with the definition of permanent incapacity under r1.03C of the Superannuation Industry (Supervision) Regulations 1994 which requires that the member’s ill-health render them unlikely to ever engage in gainful employment for which they are reasonably qualified by education, training or experience. However, insurers are increasingly amending their TPD definitions, because some stakeholders argue that too many claims are being paid out due to ‘generous’ TPD definitions. 

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  • Abortion Decriminalisation (QLD) and International Human Rights P2

    15th Sep 2016

    Denying women the right to access pregnancy termination services violates their rights in many different ways. Decriminalising abortion is not about morally or ethically condoning it. It's about recognising the dangerous consequences of its criminalisation – for women, girls and medical practitioners.

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  • Abortion Decriminalisation (QLD) and International Human Rights P1

    8th Sep 2016

    On 10 May 2016, former ALP and now independent Cairns MP, Rob Pyne, introduced a private member’s bill into Queensland parliament to decriminalise abortion. Abortion and its facilitation, assistance and procurement have been criminal acts under Queensland law since 1899. Haven’t social and community standards changed in all that time? Well, “yes” and “no" - Benedict Coyne discusses.

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