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Health

At about 10% of Australian GDP, the health industry is a cornerstone of the Australian economy and our way of life. Due to the size of the industry, all major law firms, including HWL Ebsworth, do generic health industry work – M&A for the health industry, property for the health industry etc. Surprisingly, few firms specialise in health.

HWL Ebsworth is one of the few major Australian law firms with a genuine long term industry-focussed commitment to providing legal services to the health and life sciences industries.

Our national health and life sciences team members understand the economic, cultural, political and ethical drivers for success in the healthcare industry. We recognise the market pressures affecting the industry including the complex regulatory and funding environment, the challenges of maintaining clinical standards, workforce pressures, and competition issues.

In the latest edition of Best Lawyers®, published annually in the Australian Financial Review, HWL Ebsworth had five partners recognised in the area of Health and Aged Care Law, placing HWL Ebsworth in the top three firms in the country for this area of law, as well as recognition in the field of Life Sciences.

EXPERIENCE
  • Australia’s leading IVF services provider, Virtus Health (including IVFAustralia, Melbourne IVF and Queensland Fertility Group): As long term advisor on all aspects of IVF, including commercial agreements, regulatory advice, and competition and consumer law;
  • Department of Human Services / Medicare: Advising on the My Health Record (national electronic health records system) Public Key Infrastructure project which involved establishing public access to the My Health Record system, including conducting a privacy impact assessment, and advising on Gatekeeper PKI requirements, certificate policies, privacy policy, PKI forms, software licensing, third party contracts and agency MoUs;
  • Australia’s largest medical imaging clinic network: Acting as legal advisor on its commercial and operational needs, including procurement, acquisitions and property leases;
  • Garvan Institute of Medical Research, WSU and the National Health and Medical Research Council: Advising on all aspects of research governance and ethics, including clinical trial documentation, insurance for clinical trials, research funding agreements and privacy for the Garvan, NHMRC, UTS, WSU, NSW Government, Victor Chang Cardiac Research Centre, Walter and Eliza Hall Institute and many others;
  • Australian Society of Plastic Surgeons: Advising on professional regulation, competition law, and commercial issues for ASPS, the Urological Society of Australia and New Zealand, the Australian and New Zealand Society of Nephrology, and other health professional bodies;
  • University of Technology Sydney: Advising on the operation of the Health Practitioner Regulation National Law to regulated professions, including mandatory reporting of practitioners of registered health professions putting the public at risk, and dealing with AHPRA and health care complaints commissions for UTS, Mater Hospitals in Brisbane and the Central Queensland Coast and other health service providers;
  • Medtronic: Advising on the defence of product liability claims in respect of surgical obstetric devices, and therapeutic goods regulatory issues;
  • The San: Advising on all legal issues for Adventist Healthcare Limited (The San Hospital and other health facilities), Mater Hospitals in Brisbane and the Central Queensland Coast, Virtus and other health service providers;
  • Edwards Lifesciences: Advising on strategy and drafting of applications for entry onto the Australian Register of Therapeutic Goods to Edwards Lifesciences and other therapeutic goods companies, and reimbursement regulatory advice to manufacturers and sponsors of therapeutic goods; and
  • Regeneus: Advising on the application of the Therapeutic Goods Act 1989 (Cth), and the World Anti-Doping Code to Regeneus and other biotech companies.