Western Australia’s Court of Appeal in its decision AME Hospitals PTY, Limited v. Dixon [2015] WASCA 63, delivered on 27 March 2015, confirmed, particularly relevantly in the medical negligence claims area, significant scope for persons to bring claim outside the basic 3-year time limit for such claims arising since November 2005 and the introduction of
time
Extensions of Time: Court of Appeal find a way to make sense of section 41 Limitation Act (Barr v Farrell)
By Julian Johnson on
Posted in Case Summary
On 10 September 2014 the Court of Appeal, by a majority of 2 to 1, upheld appeal against a decision by Judge Bowden in the District Court rejecting the applicant’s request for an extension of time in which to bring claim under Section 41 of the Limitation Act 2005.
As I have commented previously, such section …
time limits for latent medical claims (and other personal injuries) ARE retrospectively now set by 2005 Law
By Julian Johnson on
Posted in Our Cases
As a post-script to my post a couple of weeks ago, I confirm that Judge Schoombee has handed down her decision in Lola Phillips’ case.
This confirms that whether or not negligent care was before or after the Law change in November 2005, the date from which time to make claim starts to run is…
Can ‘latent’ medical injury claims that were time barred before November 05 be brought now?
By Julian Johnson on
Posted in Case Summary, Our Cases
Just a short note that argument has taken place before Judge Schoombee in relation to this question, in the matter of Lola Phillips v Min for Health. As expected Judge Schoombee reserved her decision..
The key facts in the case are:
1) Lola was born in March 2002, and was born with congenitally dislocated…
Time for Claim – Clarification of current position (a little..)
By Julian Johnson on
Posted in Case Summary
The Limitation Act 2005 came into effect in Nov 2005. Surprisingly, for non-lawyers anyway, there remains a fair amount of uncertainty as to such new scheme’s effect in several important respects, particularly:
- in terms of the time for claims alleging medical negligence. This uncertainty is not as to the overall time (which in most case
…
Obstetric Cases: The Clock is Ticking…..
By Julian Johnson on
Posted in Obstetrics
As most lawyers practising in med neg in Perth will know, a specific provision was inserted in the 2005 Limitation Act, setting new time limits for child-birth injury claims in Western Australia.
Apart form setting a new scheme for children born after 2005, the then labour government did medical insurers a very great favour…