A beautiful summary of how the Court views evidence that you submit.

the defendant must adduce proofs that raise a “more probable than not” inference in favour of what it urges; there must be a reasonable and definite inference available on the whole of the evidence; there must be something more than conflicting inferences of equal degrees of probability. And in assessing whether the defendant has satisfied its obligation, the Court must take into account the gravity of the matters alleged….

What is Informed Consent and the Doctor-Patient Relationship in Law?

Without consent there is no “Doctor-Patient” relationship in law.
The Informed Consent Doctrine is the cornerstone of the Doctor-Patient relationship.   It has altering the attitudes of a new generation of Doctors towards their patients, and its requirements are now reflected in consent forms that heath care institutions require patients to sign upon admission and before various procedures are performed.
Setting the Boundaries for the Doctor-Patient Relationship…..

How to find the true identity of a Social Media Troll who is causing you harm

So both in Common Law and by virtue of legislative instruments if you are the Victim of a Troll on the Internet who hides behind an Anonymous account, BEFORE you commence action against the Troll you need to know their true Identity and the above shows you how, in law, the Courts and the legal system are here to ensure you get Justice and the perpetrator is called to account.

Another Admin Law decision this time Quashing a medical boards decision in an Insurance claim

Issue: Judicial review of an Administrative decision, a guy claimed injury in the course of employment, so he found Order 56 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) which allow the Court to review the opinion of the Medical Panel made under Workplace Injury Rehabilitation and Compensation Act 2013(Vic) in respect of the his capacity to work. The Medical Panel’s opinion had effect that his claim must
fail and he loses his compensation.

Setting fire to Hammoud Brothers

This decision could further dilute the application of Hammoud Brothers and the availability of the ‘no insured event’ defence for insurers. Ultimately insurers should be reviewing the wording of their policies to ensure that insured events are worded in such a way as to require insureds to discharge their burden of proving fortuitous insured events.