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…..

Too harsh? Dismissing employees for publicly criticising their employers may not always be fair

TweetIn Daniel Starr v Department of Human Services,1 Mr Starr had been employed by the Department of Human Services (Department) as a frontline Centrelink customer service officer for more than 20 years before his dismissal for posting negative, inappropriate, and derogatory comments about the Department and its customers on social media platforms outside of working […]

Pre-employment misleading and deceptive conduct: be careful what you promise

It is understandable that a company headhunting prospective employees may be inclined to make statements that suggest working for their organisation will be lucrative. However, a company should exercise caution when making statements about its financial position and conveying forecasts about its future profitability and job security. This is especially important when recruiting high-level employees whose remuneration is not fixed and depends on the profitability of the company.

Employee restrained until September 2016

TweetIn a recent case before the New South Wales Supreme Court, an employer has been successful in securing an injunction against an employee. The employee has been restrained from departing from his contractual obligations until 11 September 2016. Facts The case of BCG Partners (Australia) Pty Ltd v Hickey [2016] NSWSC 90 involved a senior […]