We are delighted to present the latest HWL Ebsworth Health Law Bulletin.
The Health law practice of HWL Ebsworth is one of the premier legal service providers to the Australian health industry, dedicated to assisting clients with all aspects of their legal needs. Within the national practice group we have a team of partners and lawyers who have market-leading expertise in all aspects of health law and policy including assisting health practitioners and public and private health facilities in civil claims, disciplinary proceedings and coronial inquests and providing advice on regulatory and compliance issues such as clinical governance, privacy, Medicare and ethics. Our team also has extensive experience advising on clinical protocols, medical practice management and industrial relations as well as providing corporate and commercial advice to health industry participants.
As part of our focus on the health industry, our bulletin addresses a range of topics designed to provide you with an insight into legal and other developments across the nation.
You’re Late, But Why? Plaintiff Unable to Satisfactorily Explain 19-Year Delay
In June 2023, an Applicant brought an application for extension of time to commence proceedings pursuant to s31(2) of the Limitations of Actions Act 1974 (Qld) (‘LAA’). The Applicant’s claim related to alleged negligent surgery at the Caboolture Hospital in 2004. The Court denied the extension of time to bring the claim sought by the Applicant.
An implication of this decision is that plaintiffs seeking to bring claims after the limitation period has expired must show they took all reasonable steps to investigate their potential legal entitlements and seek assistance, and any delay will need to be explained satisfactorily to the Court.
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TGA Targets Unlawful Medicinal Cannabis Advertising
As Australia’s medicinal cannabis industry grows, so too does the scrutiny over how it’s marketed. The recent actions taken by the Therapeutic Goods Administration (TGA) against several entities for alleged unlawful advertising practices signal a firm stance on upholding the standards set out in the Therapeutic Goods Act.
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Amendments to Stalking and Intimidation Laws in NSW
In this modern age of technology where we constantly share our lives online, tag locations, and even broadcast our whereabouts in real time—it’s no surprise that the law has had to play catch-up. As digital platforms blur the lines between public and private spaces, stalking has taken on new forms. In response, recent amendments to stalking laws in New South Wales aim to modernise such protections and better address the evolving ways individuals may be intimidated or stalked.
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The Importance of Record-Keeping
On 16 April 2025 the Supreme Court delivered judgment in Busa -v- South Eastern Sydney Local Health District trading as Sydney Eye Hospital [2025] NSWSC 130. This case again demonstrates the importance and value of maintaining good records by all health care professionals involved in the treatment of a patient, particularly in a hospital setting. It also reinforces the importance of evidence of usual practice in carrying out specific medical procedures.
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Implications of the Medicare 30/20 Telephone Rule
The 30/20 Telephone Rule states that a medical practitioner who provides 30 or more telephone consultations on 20 or more days in a consecutive 12-month period will be deemed to have engaged in ‘inappropriate practice’ unless there are exceptional circumstances. Medical Practitioners should closely monitor their numbers of telephone attendances and check what is being claimed under their provider number.
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Ketamine Treatment for Mental Health – Proceed With Care
Ketamine (ketamine hydrochloride) medication treatment is quickly evolving to be an available treatment option for mental health care in Australia, particularly for treatment-resistant or difficult-to-treat depression. While ketamine treatment for mental health is an emerging treatment and one’s ‘usual practices’ are being contemplated, it would be advisable that detailed guidelines on administration, dosage, monitoring and patient consent is implemented in practice, always, to safeguard against risks to the patient, and medicolegally.
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