Litigation and Dispute Resolution Blog

The Federal Government has introduced a new law dealing with use of physical and chemical restraints in Aged Care Facilities/Nursing ...
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If you have been injured in a motor vehicle accident, at work, by medical negligence or suffered any other personal ...
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On 5 October 2018 a visitor to our website posted a question to us in our ‘What Duty of Care ...
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Can you sue someone because death of a family member has caused you a psychological injury?    Yes. The law recognises ...
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Privacy and protection of personal information is riding high in the public eye after a number of high-profile breaches over ...
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Just because Comcare has sent you a debt letter claiming for an overpayment does not necessarily mean you have been ...
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Elringtons is the only South East NSW personal injury law firm specialising in health and medical law, particularly medical negligence ...
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Are you a volunteer or an organisation that employs volunteers? Are you and/or your volunteers covered by adequate insurance? Have ...
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An ABC News article on 15 March 2018 highlighted that employers, across a broad range of areas, are advertising specifically ...
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The NSW workers compensation scheme is complex. However, there is a legal aid type scheme to help injured workers in ...
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By Tom Maling According to new research from the Grattan Institute, almost 11% of all people hospitalised have a complication ...
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By Tom Maling A 12 December 2017 ABC investigation report has exposed that Australian women are experiencing serious side effects ...
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It should be standard practice for all business, big or small, to have policies in place that deal with workplace ...
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By Tom Maling Commonwealth and ACT public servants are covered under the Comcare system for workplace injuries. At Elringtons, we ...
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by Tom Maling In June 2017 we detailed the link between birth defects and the medications sodium valproate (Epilim, Valprease, ...
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It is well known that employment is an important factor for individual welfare and economic security. However, it is also ...
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by Tom Maling The Aged Care Act gives nursing home residents 21 statutory rights. We discuss these on our Nursing ...
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By Tom Maling On 30 August 2017 the Australian Therapeutic Goods Administration (TGA) issues a hazard alert about a permanent ...
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By Tom Maling A survey of emergency department doctors has found that 49.8% of the 2000 doctors surveyed had been ...
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By Tom Maling A recent NSW Court case has highlighted the importance of reading consent forms thoroughly before you sign ...
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By Tom Maling The NSW Civil and Administrative Tribunal has found that a dentist has breached nursing homes residents’ human ...
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Update by Tom Maling The government agency responsible for regulating medicines and therapeutic goods, the Therapeutic Goods Administration (TGA), issued ...
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by Tom Maling Whether you work for a private employer or the public sector (Federal and State) in the ACT ...
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Update by Tom Maling New research shows that common reflux drugs can increase your risk of premature death. If you ...
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By Tom Maling For anyone considering whether they have a medical negligence claim as a result of a medication error, ...
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Update by Tom Maling Australians who have had aortic valve replacement surgery since 2010 may have been fitted with a ...
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by Tom Maling Given the amount of time we spend at work and the high rate of Australians who experience ...
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Information about health or medical treatment can be highly sensitive and it is important that it is handled appropriately by ...
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By Tom Maling A doctor owes you a ‘duty of care’ and breach of that duty which causes you an ...
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By Tom Maling The treatment of residents in nursing homes is receiving frequent media attention at the moment.  It’s a ...
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By Tom Maling The medications Sodium Valproate (aka Eplilim, Valprease, Valpro) and Topiramate (aka Epiramax, Tamate, Topamax) have been linked ...
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By Tom Maling Consent is a fundamental part of health and medical treatment.  Without it, treatment is unlawful and a ...
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By Tom Maling Country hospitals have far less services available than city hospitals.  Will this excuse professional misconduct or negligence ...
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By Tom Maling In what circumstances can I refuse medical treatment? What a person can and cannot do with their ...
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elringtons has secured $12 million in compensation for a client in a medical negligence matter against a GP, Neurologist and ...
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What should an Employer Do Before and After Starting the Redundancy Process? I have made that person redundant; why have ...
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Most employers are aware what redundancy is. However, time and time again, employers do not understand or do not implement ...
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Hearings/trials At the hearing parties present evidence in support of their case to a magistrate or judge. Witnesses may be ...
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Part 1 Civil litigation is a legal dispute between two or more parties that, usually, seek economic damages or specific ...
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A Statutory Demand is a formal written request for payment of debts owed by a company, issued pursuant to the ...
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“Case Study - Getting compensation where you are injured while driving for work purposes”. elringtons has been providing specialist legal ...
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Debt recovery process in Australia is somewhat technical and complex. Because of that, in most cases, that is done by ...
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Duty to mitigate losses is a legal definition used to describe the obligation upon a person who sues another for ...
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Employees working from home and employer’s liability Are you looking for ways to limit employer liability when your employees work ...
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Is that coveted appointment to a position of non-executive director, or a promotion to non-equity partner, worth it?  You need ...
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How to ‘deal’ with employees has, in recent history, become confusing and dare we say, polarising.  The old Australian Industrial ...
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Recent determinations by the Advertising Standards Board (ASB) have changed the ground rules for businesses operating Facebook fan pages. The ...
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The NSW District Court recently determined that: Pushbike riders have an obligation to not cause injury to other road and ...
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The Work Health and Safety Act (WHSA) came into effect on 1 January 2012 resulting in changes to Occupational Health ...
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A recent case confirms occupiers of land or premises owe a duty of care towards visitors. In Burton v Brooks ...
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As a general rule, directors of companies are not liable for a tax debt assessed on a company.  However, under ...
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Background Mr Watts, an undischarged bankrupt, was disqualified from managing companies.  He applied to the court for a special order ...
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The term of bankruptcy generally lasts for a period of 3 years. However under certain circumstances, the term can be ...
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Maintaining up to date records of business transactions, although tedious, is extremely important for all companies. This is particularly true ...
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The Queensland Court of Appeal has upheld a trial judge’s decision to award $420,000 in damages to an employee who ...
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News Update New provisions will come into force on 25 November 2011 in the ACT requiring persons convicted or found ...
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When you own a property, you are entitled to exclusive possession of that property.  This is a very strong right ...
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Background In the early hours of the morning, Mr Hawkins was cycling along the Pacific Highway at St Leonards when ...
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In the wake of recent construction site catastrophes in the ACT, notably the partial collapse of the Gungahlin Drive Extension ...
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Under the superannuation guarantee law, most employers must pay super contributions (in addition to gross salary and wages) into a ...
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Generally speaking, a claim for compensation for the injuries sustained in a trip and fall accident in a public place, ...
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Neighbours can often reach extraordinary levels of hostility among themselves over two main sources of dispute, overhanging trees and their ...
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We are all aware of the transformative powers of marketing through social media, however, the popularity that makes social media ...
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From 25 July 2011, the jurisdictional limit of the ACT Magistrates Court will increase from $50,000 to $250,000. Background From ...
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The recent ACT Supreme Court case of Peadon v Calgaro highlights the tough approach Magistrates are taking towards drink drivers ...
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What can you do if you have suffered a personal injury and the wrong doer or insurer has denied liability ...
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In the New South Wales court case of Byrne v Macquire Group Services Australia, Mr Byrne missed out on receiving ...
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As a general rule, you must commence court action for compensation for personal injury within three (3) years from the ...
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In contrast to the recent NSW District Court case of Brian v Burders Lane Enterprises Pty Ltd ,  the ACT ...
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