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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

Many people imagine that contesting a will means they’ll have to attend court and convince a judge of the validity of their case. However, most inheritance disputes are resolved before they ever reach a courtroom. Agreeing a settlement is one way of bringing a will challenge to an early conclusion, provided all parties agree that the terms are fair. But what are

An act of violence which is inflicted by a person which involves direct, intentional or wilful invasion of the physical or mental capacity of that person is called an intentional tort. The three major intentional torts are assault (attacking someone), battery (harming a person) and false imprisonment (keeping someone against their will). The rationale behind intentional torts is that the

At Gerard Malouf & Partners Compensation Lawyers we’ve gathered considerable expertise over the years in two broad areas in particular: workers compensation claims and personal injury claims. While the two areas are often linked in the eye of the public, in reality they address very different scenarios. In this article, we’ll concentrate on workers compensation but use personal injury claims

This recent case provides some assistance, though not ground-breaking judicial guidance on the circumstances in which a road authority, or council may be held liable in negligence for a failure to prevent the criminal acts of third parties. The case of Rankin v Gosford City Council [2015] NSWSC 1354 (Rankin) provided the NSW Supreme Court with the opportunity to delve

It is always a difficult period when you lose a member of your family or close friend. However, this pain and suffering can be extended if you believe that the will is fake or a forgery. In many cases, the possibility of the will being false will come after the estate allocation. Perhaps there are a number of differences to the