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A Failure to Consult: The Fair Work Commission...

Making logical changes to workplace processes should be simple and straight forward. However, a recent decision of the Fair Work Commission (FWC) confirms that employers still need to make sure they follow the additional step of proper employee consultation, or risk a poor outcome in the Commission. This means managers need to ensure employees' feedback has not only been sought, but also be able to demonstrate how employee feedback has influenced the process and been accounted for in the final outcome(s).  

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Firm News

Hicksons recognised in Doyle’s Guide 2024

We are delighted to be recognised as a leading law firm in the 2024 Doyle’s Guide across the following categories:

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Firm News

Special Counsel Kezia David Named Among...

Special Counsel Kezia David recognised among Australasian Lawyer’s Elite Women 2024 for excellence in insurance law.

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Meki Jnr Puletua by his Tutor Sosefina Puletua v Sydney Childrens Hospital [2024] NSWSC 64 – What is a material change in circumstances that could justify resiling from a settlement agreement?

Meki Jnr Puletua by his Tutor Sosefina Puletua v Sydney Childrens Hospital [2024] NSWSC 64 – What is a material change in circumstances that could justify resiling from a settlement agreement?

Following settlement negotiations in a claim involving an infant plaintiff, terms of settlement were signed. In the usual course, a listing date had been allocated for the approval of the terms of settlement by the Supreme Court of NSW.   In the lead up to the infant approving Hearing, the plaintiff’s legal advisors requested that the matter be urgently heard as the plaintiff’s health had suddenly deteriorated and he was now in a critical condition. The Court agreed to hear the matter on Sunday, 14 January 2024 given that it was in the interest of both common humanity and administrative justice for the Court to have the opportunity to deal with the matter during the plaintiff’s lifetime.
Media & Podcasts
Hicksons Health Hour: Episode 4 - Privacy & Confidentiality

Hicksons Health Hour: Episode 4 - Privacy & Confidentiality

In this episode, Hicksons Partner, Rosslyn Cooke explores privacy laws and how they impact every day clinical practice.
Media & Podcasts
Hicksons Health Hour: Episode 3 - Understanding Medical Negligence Law

Hicksons Health Hour: Episode 3 - Understanding Medical Negligence Law

In this episode, Hicksons Senior Associate, Messha McLeod examines the medico legal landscape in NSW, including how civil claims are managed and how negligence is established.
Media & Podcasts
Hicksons Health Hour: Episode 2 - Coronial Inquests

Hicksons Health Hour: Episode 2 - Coronial Inquests

In this episode, Hicksons Special Counsel, Violet Stojkovaexplains the Coronial process alongside what may be required from health care professionals during a Coronial Inquest.
Media & Podcasts
Hicksons Health Hour: Episode 1 - Duty Of Care

Hicksons Health Hour: Episode 1 - Duty Of Care

In this episode, Hicksons Partner, Rosslyn Cooke explores the principles of negligence and relative legislation around Duty of Care.
Blog
Will you be protected if you provide medical advice through an app?

Will you be protected if you provide medical advice through an app?

There has been a proliferation of businesses in the past decade both globally and in Australia which provide medical and dental advice over the internet. The appeal to patients is obvious: convenience, low expenses and instantaneousness. But if you are the medical practitioner employed or contracted by these businesses and something goes wrong with the treatment provided, will you be afforded the same protection under the law in defending a negligence claim as you would if you had reviewed the patient in a traditional manner (i.e. in person)?
Firm News
Hicksons appoints new Health Partner, Michelle MacMahon

Hicksons appoints new Health Partner, Michelle MacMahon

Hicksons is delighted to welcome Michelle MacMahon as Partner in the Health team.  
Blog
Subpoena to Produce set aside on grounds of Legal Professional Privilege in the NSW Supreme Court judgment of Woolner v South Western Sydney Local Health District [2023] NSWSC 748

Subpoena to Produce set aside on grounds of Legal Professional Privilege in the NSW Supreme Court judgment of Woolner v South Western Sydney Local Health District [2023] NSWSC 748

The Supreme Court judgment in the matter of Woolner v South Western Sydney Local Health District [2023] NSWSC 748 (“Woolner”) outlines the Court’s consideration of a subpoena to produce issued to a defendant’s law firm, calling for production of its communications with the client.
Blog
Expert evidence requirements for issue of professional negligence claims

Expert evidence requirements for issue of professional negligence claims

In the matter of Netherwood v Hillier, the case dealt with an application to strike out proceedings as against the third defendant, Dr David Bell for failing to provide expert reports supporting the claim against him.  
Blog
Peer Professional Opinion and Inherent Risk considered by the NSW Supreme Court in the recent case of Polsen v Harrison (No. 8)

Peer Professional Opinion and Inherent Risk considered by the NSW Supreme Court in the recent case of Polsen v Harrison (No. 8)

A recent Supreme Court of NSW judgment in the matter of Katrina Polsen v Dr Harrison (No.8) (‘Polsen’) considers the pleading of Inherent Risk and Competent Professional Practice under the Civil Liability Act 2002 NSW (‘the Act’) and the viability of expert evidence based on assumptions which are not supported by evidence.
Blog
Infant Approval Judgment: Is the personal injury settlement in the best interests of the child?

Infant Approval Judgment: Is the personal injury settlement in the best interests of the child?

A recent Supreme Court of NSW infant approval judgment in the matter of Benjamin Fletcher by his tutor Victoria Fletcher v South Eastern Sydney Local Health District (“Fletcher”) outlines various factors that need to be considered when deciding whether a settlement is beneficial to a person under legal incapacity.
Blog
COVID-19 and Vaccinations – The balance employers need to strike

COVID-19 and Vaccinations – The balance employers need to strike

Australia’s employment laws and regulations can be complex when applied to real world situations. Complexity, change and adaptability are challenges that all business and their employees are having to negotiate across 2021 and into 2022. As COVID adapts into increasingly threatening strains, organisations are forced to respond with new policies and approaches to reflect our changing circumstances. Some, but not all, of those changes are either mandated or guided by Government directions, laws and responses. Additionally, not all government directions cover all situations or industries.
Firm News
2018 Premier's Teacher Scholarship for Health and Wellbeing has been awarded to Darren Lang

2018 Premier's Teacher Scholarship for Health and Wellbeing has been awarded to Darren Lang

On behalf of Hicksons we would like to congratulate Darren Lang, a teacher who is the head dean of PDHPE and Sport at a Sydney High School, who last year was awarded the 2019 Premier’s Teacher Scholarship for Health and Wellbeing - a scholarship that Hicksons proudly sponsors.
Blog
Legislative amendments affecting the health sector

Legislative amendments affecting the health sector

On 14 February 2018 the Health Legislation Amendment Bill 2018 (https://www.legislation.nsw.gov.au/bills/2994c40b-79ef-46a5-b38f-74a427979fe2) was passed by both House of Parliament.

  • 26 Feb 2018

Blog
Reducing suicide and deliberate self-harm in mental health in patient units

Reducing suicide and deliberate self-harm in mental health in patient units

Recommendations have been made in the coronial jurisdiction following an inquest into the death of a patient in a declared mental health inpatient unit.

  • 6 Feb 2018

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