NEWS AND EVENTS

 The following paper was presented in Barcelona on 21st July 2024 at the Barcelona Law Faculty. Nada Vujat, Emery Partners: nvujat@emery.com.au On 21 August 2003, the Supreme Court of New South Wales entered judgment for a patient, Kevin Presland, against the Hunter Area Health Service and a psychiatric registrar in Presland v Hunter Area Health Services [2003] NSWSC 764 [‘The Presland Case’]. Kevin Presland was awarded damages after establishing that both entities had negligently failed to appropriately care for him which included detaining him in the psychiatric institution and under provisions of the Mental Health Act 1990 (NSW). Within hours of being released from the psychiatric institution, Kevin Presland decapitated his brother's fiancée, Kelley-Anne Laws – a tragic event which resulted in significant life-altering damage to many people: Ms Laws and her family, Ms Laws’ fiancé, the family of the Presland brothers, and Kevin Presland himself. Kevin Presland was acquitted of murder on the grounds of insanity. The Presland case created a media furore. Public statements were made by many public officials, including the Premier of New South Wales, who were incensed about the case. The Presland case was responsible for a platform of legislative amendments made to the Civil Liability Act 2002 (NSW). Part 1 of this presentation will explore the duty of care of psychiatric institutions prior to the legislative amendments and the Presland case in detail. Part 2 will explore the legislative amendments introduced into the Civil Liability Act 2002 (NSW) and the current status of duties owed by psychiatric institutions to the mentally ill. It is of note that by a majority, the NSW Court of Appeal overturned the Presland case on 21 April 2005 in Hunter Area Health Services v Presland [2005] NSWCA 33. The Court of Appeal determined that a litigant suing for negligence will not recover damages for pain and suffering and economic loss caused as a result of not being admitted for treatment of a mental illness before committing a violent offence. For more information: CLICK HERE (Go to page 46)

The following paper was presented in Amsterdam on 17 july’2013 at NH Grand Hotel of Krasnapolsky Nada Vujat, partner solicitor, Newcastle West, Australia: nvujat@emery.com.au Over the past six years, Australia has experienced radical changes in industrial relations. The Fair Work Act 2009 (Cth) (FWA) establishes the current national system of industrial relations, which applies to about 85% of Australian employers. Fair Work Australia commenced on 1 July 2009 (Labour Government). The legislation was intended to increase protections available to the labour force which were arguably diminished pursuant to the previous Work Choices regime (Liberal Government). Part 3-1 of the FWA is titled General Protections. This presentation explores the nature of these new remedies in detail, how the Federal Court of Australia is applying them, and the impact the introduction of such remedies has had and is likely to have upon the relationship between employers and employees.  For additional information: CLICK HERE (See at page - 22)

Nada has done workshops on this topic on multiple occasions and locations, including Sydney, Newcastle and Wollongong. For more information: CLICK HERE . Also please refer CLICK HERE (See at page- 22)

A Transcription from the ABC Law Report discussing Safety on the Beach and the Duty of Care, featuring Michelle Lawrence - December 2007. For more information: CLICK HERE