Litigation and Dispute Resolution Blog

Digital Security

New privacy obligations – the data breach notification scheme

by Imogen Thomas Privacy and protection of personal information is riding high in the public eye after a number of ...
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Comcare Overpayments

Comcare Overpayment or Comcare Debt?

Just because Comcare has sent you a debt letter claiming for an overpayment does not necessarily mean you have been ...
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Bega Hospital Sout Coast NSW

Medical Negligence Lawyers for South East NSW

Elringtons is the only South East NSW personal injury law firm specialising in health and medical law, particularly medical negligence ...
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Volunteer Hands

Volunteers and Vicarious Liability

by Jessica Barker Are you a volunteer or an organisation that employs volunteers? Are you and/or your volunteers covered by ...
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Pipe Smoker

Is it legal to employ only non-smoker workers? What employee attributes are protected under law?

An ABC News article on 15 March 2018 highlighted that employers, across a broad range of areas, are advertising specifically ...
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NSW Workers Compensation

The NSW workers compensation scheme is complex. However, there is a legal aid type scheme to help injured workers in ...
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hospital operating room

Hospital Complications and Medical Negligence

By Tom Maling According to new research from the Grattan Institute, almost 11% of all people hospitalised have a complication ...
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elringtons health law update – adverse effects from Implanon and Mirena

By Tom Maling A 12 December 2017 ABC investigation report has exposed that Australian women are experiencing serious side effects ...
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How can you protect your business from bullying, harassment and discrimination claims?

By Anca Costin It should be standard practice for all business, big or small, to have policies in place that ...
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View of Black Mountain Tower from the Arboretum Australian National Territor

Canberra Comcare Lawyers

By Tom Maling Commonwealth and ACT public servants are covered under the Comcare system for workplace injuries. At Elringtons, we ...
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Epilepsy and Bipolar Medications may have effected 20000 UK Children

by Tom Maling In June 2017 we detailed the link between birth defects and the medications sodium valproate (Epilim, Valprease, ...
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not a good fit

When is employment discrimination lawful?

It is well known that employment is an important factor for individual welfare and economic security. However, it is also ...
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Benches in park

How to make an effective nursing home complaint

by Tom Maling The Aged Care Act gives nursing home residents 21 statutory rights. We discuss these on our Nursing ...
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elringtons health law update – hazard alert for Essure contraception implant device

By Tom Maling On 30 August 2017 the Australian Therapeutic Goods Administration (TGA) issues a hazard alert about a permanent ...
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elringtons health law update – bullying and harassment rife in hospitals

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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elringtons health law update – beware of the consent form

By Tom Maling A recent NSW Court case has highlighted the importance of reading consent forms thoroughly before you sign ...
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Dentist breaches aged care human rights

elringtons health law update – dentist breaches nursing homes residents’ human rights

By Tom Maling The NSW Civil and Administrative Tribunal has found that a dentist has breached nursing homes residents’ human ...
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elringtons health law update – serious risks from coronary artery stent

Update by Tom Maling The government agency responsible for regulating medicines and therapeutic goods, the Therapeutic Goods Administration (TGA), issued ...
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Work place bullying

Workplace Psychological Injuries

by Tom Maling Whether you work for a private employer or the public sector (Federal and State) in the ACT ...
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elringtons health law update – evidence growing on the serious side effects of a common reflux drug

Update by Tom Maling New research shows that common reflux drugs can increase your risk of premature death. If you ...
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Cocktail of tablets

Medications and Medical Negligence

By Tom Maling For anyone considering whether they have a medical negligence claim as a result of a medication error, ...
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elringtons health law update – faulty aortic valve replacement devices

Update by Tom Maling Australians who have had aortic valve replacement surgery since 2010 may have been fitted with a ...
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the going gets tough

Comcare and Psychological Injuries

by Tom Maling Given the amount of time we spend at work and the high rate of Australians who experience ...
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sun shine

What are my rights in relation to my health and medical records?

by Imogen Thomas Information about health or medical treatment can be highly sensitive and it is important that it is ...
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What is Medical Negligence?

By Tom Maling A doctor owes you a ‘duty of care’ and breach of that duty which causes you an ...
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Clouds over valley

What Duty of Care Does a Nursing Home Have?

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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Epilepsy and Bipolar Disorder medications linked to birth defects

By Tom Maling The medications Sodium Valproate (aka Eplilim, Valprease, Valpro) and Topiramate (aka Epiramax, Tamate, Topamax) have been linked ...
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Consenting to Health and Medical Treatment

By Tom Maling Consent is a fundamental part of health and medical treatment.  Without it, treatment is unlawful and a ...
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Do Country Hospitals Have the Same Duty of Care as City Hospitals?

By Tom Maling Country hospitals have far less services available than city hospitals.  Will this excuse professional misconduct or negligence ...
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Choosing and Refusing Medical Treatment

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 Lawyers secures $12 million settlement for client

elringtons has secured $12 million in compensation for a client in a medical negligence matter against a GP, Neurologist and ...
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Making an Employee Redundant?

What should an Employer Do Before and After Starting the Redundancy Process? I have made that person redundant; why have ...
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Getting Redundancy Right – A guide for Employers

Most employers are aware what redundancy is. However, time and time again, employers do not understand or do not implement ...
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Civil Litigation for dummies – Part2

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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Civil Litigation for Dummies

Part 1 Civil litigation is a legal dispute between two or more parties that, usually, seek economic damages or specific ...
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Debt Recovery Against Companies – Statutory Demand

A Statutory Demand is a formal written request for payment of debts owed by a company, issued pursuant to the ...
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Injured while driving for work?

“Case Study - Getting compensation where you are injured while driving for work purposes”. elringtons has been providing specialist legal ...
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Recovery of judgment and non judgment debts

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

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?

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 the promotion worth it?

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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Employees: To terminate or not to terminate?

How to ‘deal’ with employees has, in recent history, become confusing and dare we say, polarising.  The old Australian Industrial ...
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The Hazards of Social Media

Recent determinations by the Advertising Standards Board (ASB) have changed the ground rules for businesses operating Facebook fan pages. The ...
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Pushbike Riders Also Have a Responsibility

The NSW District Court recently determined that: Pushbike riders have an obligation to not cause injury to other road and ...
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More Reasons to keep your Workplace Safe

The Work Health and Safety Act (WHSA) came into effect on 1 January 2012 resulting in changes to Occupational Health ...
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Assistance at home: duty to helpers

A recent case confirms occupiers of land or premises owe a duty of care towards visitors. In Burton v Brooks ...
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Directors’ liabilities for PAYG tax obligations

As a general rule, directors of companies are not liable for a tax debt assessed on a company.  However, under ...
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Bankruptcy and Business Management

Background Mr Watts, an undischarged bankrupt, was disqualified from managing companies.  He applied to the court for a special order ...
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How long am I to be declared a bankrupt?

The term of bankruptcy generally lasts for a period of 3 years. However under certain circumstances, the term can be ...
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The importance of business records in managing debt

Maintaining up to date records of business transactions, although tedious, is extremely important for all companies. This is particularly true ...
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It is the employer’s obligation to provide a safe workplace

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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What is Drink Driving?

News Update New provisions will come into force on 25 November 2011 in the ACT requiring persons convicted or found ...
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What if there was an unauthorised entry to my property?

When you own a property, you are entitled to exclusive possession of that property.  This is a very strong right ...
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Can I get compensation for personal injuries?

Background In the early hours of the morning, Mr Hawkins was cycling along the Pacific Highway at St Leonards when ...
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OHS on Construction Sites

In the wake of recent construction site catastrophes in the ACT, notably the partial collapse of the Gungahlin Drive Extension ...
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Employer Super Contributions are Compulsory

Under the superannuation guarantee law, most employers must pay super contributions (in addition to gross salary and wages) into a ...
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Who is responsible for my injuries?

Generally speaking, a claim for compensation for the injuries sustained in a trip and fall accident in a public place, ...
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Mind your manners!

Home > Services > Compensation and Dispute Resolution One of the major legislative changes that are set to commence in ...
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Neighbour Disputes

Neighbours can often reach extraordinary levels of hostility among themselves over two main sources of dispute, overhanging trees and their ...
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Managing the Use of Social Media

We are all aware of the transformative powers of marketing through social media, however, the popularity that makes social media ...
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Which Court do I sue in?

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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Do I need a lawyer if I have been charged with drink driving in NSW or the ACT

The recent ACT Supreme Court case of Peadon v Calgaro highlights the tough approach Magistrates are taking towards drink drivers ...
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Personal Injuries: When liability is denied.

What can you do if you have suffered a personal injury and the wrong doer or insurer has denied liability ...
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How important is the wording of my employment contract?

In the New South Wales court case of Byrne v Macquire Group Services Australia, Mr Byrne missed out on receiving ...
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When am I entitled to claim compensation for a personal injury?

As a general rule, you must commence court action for compensation for personal injury within three (3) years from the ...
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Liability and Limitations Periods

In contrast to the recent NSW District Court case of Brian v Burders Lane Enterprises Pty Ltd ,  the ACT ...
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