Litigation and Dispute Resolution Blog

In our submission to the Aged Care Royal Commission, we have analysed new Federal government laws on physical and chemical ...
Read More

The Federal Government has introduced a new law dealing with use of physical and chemical restraints in Aged Care Facilities/Nursing ...
Read More

If you have been injured in a motor vehicle accident, at work, by medical negligence or suffered any other personal ...
Read More

On 5 October 2018 a visitor to our website posted a question to us in our ‘What Duty of Care ...
Read More

Can you sue someone because death of a family member has caused you a psychological injury? Yes. The law recognises ...
Read More

Privacy and protection of personal information is riding high in the public eye after a number of high-profile breaches over ...
Read More

Just because Comcare has sent you a debt letter claiming for an overpayment does not necessarily mean you have been ...
Read More

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

Are you a volunteer or an organisation that employs volunteers? Are you and/or your volunteers covered by adequate insurance? Have ...
Read More

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

The NSW workers compensation scheme is complex. However, there is a legal aid type scheme to help injured workers in ...
Read More

By Tom Maling According to new research from the Grattan Institute, almost 11% of all people hospitalised have a complication ...
Read More

By Tom Maling A 12 December 2017 ABC investigation report has exposed that Australian women are experiencing serious side effects ...
Read More

It should be standard practice for all business, big or small, to have policies in place that deal with workplace ...
Read More

By Tom Maling Commonwealth and ACT public servants are covered under the Comcare system for workplace injuries. At Elringtons, we ...
Read More

by Tom Maling In June 2017 we detailed the link between birth defects and the medications sodium valproate (Epilim, Valprease, ...
Read More

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

by Tom Maling The Aged Care Act gives nursing home residents 21 statutory rights. We discuss these on our Nursing ...
Read More

By Tom Maling On 30 August 2017 the Australian Therapeutic Goods Administration (TGA) issues a hazard alert about a permanent ...
Read More

By Tom Maling A survey of emergency department doctors has found that 49.8% of the 2000 doctors surveyed had been ...
Read More

By Tom Maling A recent NSW Court case has highlighted the importance of reading consent forms thoroughly before you sign ...
Read More

By Tom Maling The NSW Civil and Administrative Tribunal has found that a dentist has breached nursing homes residents’ human ...
Read More

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

by Tom Maling Whether you work for a private employer or the public sector (Federal and State) in the ACT ...
Read More

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

By Tom Maling For anyone considering whether they have a medical negligence claim as a result of a medication error, ...
Read More

Update by Tom Maling Australians who have had aortic valve replacement surgery since 2010 may have been fitted with a ...
Read More

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

Information about health or medical treatment can be highly sensitive and it is important that it is handled appropriately by ...
Read More

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

By Tom Maling The treatment of residents in nursing homes is receiving frequent media attention at the moment.  It’s a ...
Read More

By Tom Maling The medications Sodium Valproate (aka Eplilim, Valprease, Valpro) and Topiramate (aka Epiramax, Tamate, Topamax) have been linked ...
Read More

By Tom Maling Consent is a fundamental part of health and medical treatment.  Without it, treatment is unlawful and a ...
Read More

By Tom Maling Country hospitals have far less services available than city hospitals.  Will this excuse professional misconduct or negligence ...
Read More

By Tom Maling In what circumstances can I refuse medical treatment? What a person can and cannot do with their ...
Read More

elringtons has secured $12 million in compensation for a client in a medical negligence matter against a GP, Neurologist and ...
Read More

What should an Employer Do Before and After Starting the Redundancy Process? I have made that person redundant; why have ...
Read More

Most employers are aware what redundancy is. However, time and time again, employers do not understand or do not implement ...
Read More

Hearings/trials At the hearing parties present evidence in support of their case to a magistrate or judge. Witnesses may be ...
Read More

Part 1 Civil litigation is a legal dispute between two or more parties that, usually, seek economic damages or specific ...
Read More

A Statutory Demand is a formal written request for payment of debts owed by a company, issued pursuant to the ...
Read More

“Case Study - Getting compensation where you are injured while driving for work purposes”. elringtons has been providing specialist legal ...
Read More

Debt recovery process in Australia is somewhat technical and complex. Because of that, in most cases, that is done by ...
Read More

Duty to mitigate losses is a legal definition used to describe the obligation upon a person who sues another for ...
Read More

Employees working from home and employer’s liability Are you looking for ways to limit employer liability when your employees work ...
Read More

Is that coveted appointment to a position of non-executive director, or a promotion to non-equity partner, worth it?  You need ...
Read More

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

Recent determinations by the Advertising Standards Board (ASB) have changed the ground rules for businesses operating Facebook fan pages. The ...
Read More

The NSW District Court recently determined that: Pushbike riders have an obligation to not cause injury to other road and ...
Read More

The Work Health and Safety Act (WHSA) came into effect on 1 January 2012 resulting in changes to Occupational Health ...
Read More

A recent case confirms occupiers of land or premises owe a duty of care towards visitors. In Burton v Brooks ...
Read More

As a general rule, directors of companies are not liable for a tax debt assessed on a company.  However, under ...
Read More

Background Mr Watts, an undischarged bankrupt, was disqualified from managing companies.  He applied to the court for a special order ...
Read More

The term of bankruptcy generally lasts for a period of 3 years. However under certain circumstances, the term can be ...
Read More

Maintaining up to date records of business transactions, although tedious, is extremely important for all companies. This is particularly true ...
Read More

The Queensland Court of Appeal has upheld a trial judge’s decision to award $420,000 in damages to an employee who ...
Read More

News Update New provisions will come into force on 25 November 2011 in the ACT requiring persons convicted or found ...
Read More

When you own a property, you are entitled to exclusive possession of that property.  This is a very strong right ...
Read More

Background In the early hours of the morning, Mr Hawkins was cycling along the Pacific Highway at St Leonards when ...
Read More

In the wake of recent construction site catastrophes in the ACT, notably the partial collapse of the Gungahlin Drive Extension ...
Read More

Under the superannuation guarantee law, most employers must pay super contributions (in addition to gross salary and wages) into a ...
Read More

Generally speaking, a claim for compensation for the injuries sustained in a trip and fall accident in a public place, ...
Read More

Neighbours can often reach extraordinary levels of hostility among themselves over two main sources of dispute, overhanging trees and their ...
Read More

We are all aware of the transformative powers of marketing through social media, however, the popularity that makes social media ...
Read More

From 25 July 2011, the jurisdictional limit of the ACT Magistrates Court will increase from $50,000 to $250,000. Background From ...
Read More

The recent ACT Supreme Court case of Peadon v Calgaro highlights the tough approach Magistrates are taking towards drink drivers ...
Read More

In the New South Wales court case of Byrne v Macquire Group Services Australia, Mr Byrne missed out on receiving ...
Read More