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Child welfare

Re YL

Re YL [2025] NSWSC 75

The Supreme Court authorised treatment of a 7-year-old child with blood products if needed during urgent brain surgery, despite parental refusal on religious grounds.

  • Parens patriae jurisdiction
  • Administration of blood products in medical treatment
  • Consent for medical treatment
  • Best interests of child
  • Parens-patriae
  • Child-medical-consent
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Medical law

Segal v Medical Council of NSW

Segal v Medical Council of NSW [2024] NSWCATOD 139

The Tribunal granted Shaun Segal's application for reinstatement to the medical register, subject to practice and health conditions, finding he has demonstrated sufficient insight and remediation.

  • Reinstatement of deregistered practitioner
  • Professional misconduct
  • Professional boundary violations
  • Public health and safety
  • Medical-registration
  • Professional-misconduct
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Guardianship

FXB

FXB [2024] NSWCATGD 14

The Tribunal dismissed an application for consent to a termination of pregnancy, finding FXB was capable of consenting and the presumption of capacity was not rebutted.

  • Consent to medical treatment
  • Capacity to consent
  • Termination of pregnancy
  • Special medical treatment
  • Mental health
  • Capacity-to-consent
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Medical law

Health Care Complaints Commission v Wijetunga

Health Care Complaints Commission v Wijetunga [2024] NSWCATOD 25

The Tribunal cancelled Dr Wijetunga's medical registration due to methamphetamine use disorder, criminal convictions, and unsuitability to practice medicine safely.

  • Medical practitioner registration
  • Professional misconduct
  • Impairment
  • Suitability
  • Methamphetamine use disorder
  • Criminal convictions
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Equity

H v AC

H v AC [2024] NSWSC 40

The Supreme Court of NSW determined a 17-year-old girl was Gillick competent but ordered continued cancer treatment in her best interests despite her religious refusal.

  • Parens patriae jurisdiction
  • Gillick competence
  • Medical treatment authorisation
  • Capacity to consent
  • Religious freedom
  • Parens-patriae
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Administrative law

Amos v AAI Limited t/as GIO

Amos v AAI Limited t/as GIO [2023] NSWSC 1193

The Supreme Court quashed a Personal Injury Commission decision due to a breach of procedural fairness regarding medical distinctions in a motor accident claim.

  • Procedural fairness
  • Natural justice
  • Certiorari
  • Medical assessment
  • Causation
  • Motor accident injuries
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Tort law

Polsen v Harrison (No. 8)

Polsen v Harrison (No. 8) [2023] NSWSC 764

Medical negligence claim over bariatric surgery, warnings, and post-operative management dismissed; judgment entered for the defendant.

  • Medical negligence
  • Standard of care
  • Duty to warn
  • Causation
  • Inherent risk
  • Peer professional opinion
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Medical law

Health Care Complaints Commission v Gazal

Health Care Complaints Commission v Gazal [2023] NSWCATOD 92

A medical practitioner is found guilty of professional misconduct and unsatisfactory professional conduct for inappropriate prescribing and record-keeping; he is reprimanded.

  • Professional misconduct
  • Unsatisfactory professional conduct
  • Medical prescribing
  • Disciplinary orders
  • Professional-misconduct
  • Medical-law
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Medical law

Health Care Complaints Commission v Jouda

Health Care Complaints Commission v Jouda [2023] NSWCATOD 83

The Tribunal disqualified Dr Jouda from medical registration for 12 months and issued a reprimand following findings of professional misconduct and boundary violations.

  • Professional misconduct
  • Unprofessional conduct
  • Protective orders
  • Medical practitioner registration
  • Boundary violations
  • Professional-misconduct
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Torts

Clark v Blackstock

Clark v Blackstock [2023] NSWDC 60

Default judgment in a medical negligence claim arising from cosmetic breast surgery, with damages assessed at $304,000 for scarring, pain, and psychiatric injury.

  • Professional negligence
  • Cosmetic surgery
  • Damages assessment
  • Professional-negligence
  • Medical-negligence
  • Cosmetic-surgery
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.