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Maree Whitaker, who had for many years been almost completely blind in her right eye, consulted Dr Christopher Rogers, an ophthalmic surgeon, who advised her that an operation on the eye would not only improve its appearance but would probably restore significant sight to it.   Whitaker agreed to the surgery.  After the operation there was no improvement to the right

On 10 June 2015, the High Court of Australia handed down a significant decision; King v Philcox [2015] HCA on the contentious issue regarding claims for “mental harm” in South Australia. On 12 April 2005, Scott Philcox was killed in a car accident as a result of the negligent driving of the defendant, George King. Ryan Philcox, the brother of

GMP Contesting a Will Lawyers often represents clients in applications where estate assets have been distributed or are no longer in the possession of the deceased at the time of death. Whilst Gerard Malouf and Partners were not involved in this case, we have reviewed it and provided a summary of the result for your information. This is a case where the

Earlier this year we produced an article which discussed intentional torts, such as assault and battery, and how the Civil Liability Act NSW applies to these actions. The article can be found here. The problem with intentional torts is that the assaulter is very unlikely to have insurance to cover their actions and is highly likely to have a limited

People who are planning a will are expected to make adequate provisions to certain loved ones that ensure they are financially secure in the event of the testator’s death. Spouses, de-facto partners, children and dependants are among the family members that individuals should include when estate planning. In some cases, however, the testator may fail in their duty to provide

In the recent Western Australian case of Martin v Minister for Health [2016] WADC15 a 63 year old man brought a claim against the Armadale-Kelmscott Memorial District Hospital for the negligent treatment that he received from the hospital. The Plaintiff was admitted to the hospital on 20 November 2012 for treatment relating to septic arthritis. On 23 November hospital staff