2024 Monthly Seminars

Family Violence, Sex, Strangulation and Consent

Family Violence, Sex, Strangulation and Consent

Professor Heather Douglas and Dr Leah Sharman

6 February 2024

Resources:

For more information and related publications please visit The Non-Fatal Strangulation Offence as a Response to Domestic and Family Violence website.

Cosmetic Surgery Reforms in Australia: Considerations for Doctors and Patients

Cosmetic Surgery Reforms in Australia: Considerations for Doctors and Patients

Dr Owen Bradfield and Alisha Randhawa

26 March 2024

Resources:

Ensuring the highest attainable standard of health for children deprived of their liberty

Ensuring the highest attainable standard of health for children deprived of their liberty

Professor Stuart Kinner and Senior Associate Tess Kelly

16 April 2024

A recording will be made available following the seminar presentation...

Secondary victim mental harm claims following negligent treatment: A change in direction?

Mr Bill Madden and Professor Tina Cockburn

7 May 2024

Australian cases dealing with claims for mental harm arising from negligent medical treatment appear to apply general principles (common law and/or relevant civil liability legislation), rather than requiring a special approach to secondary victims suffering mental harm following medical negligence. Such claims have been accepted to be available, although the point appears not to have been directly argued in the High Court.

The position in England is now quite different. Secondary victim claims following medical negligence are not available, except perhaps in cases where the claimant was present at the time of the treatment and death or injury: Paul & Anor v Royal Wolverhampton NHS Trust [2024] UKSC 1.

In this presentation we will discuss the different approach that has recently been taken in England and consider whether we might now see fresh debate in relation to such claims in Australia.