In this episode we look at Roberts v Shimmin [2024] NSWDC 171, a recent successful medical negligence proceeding brought against a treating orthopaedic surgeon in respect of a negligently-performed total knee replacement surgery peformed in 2012 on a Plaintiff with no knee cap which had been removed years earlier in a patellectomy in 1982.

In this episode we look at Roberts v Shimmin [2024] NSWDC 171, a recent successful medical negligence proceeding brought against a treating orthopaedic surgeon in respect of a negligently-performed total knee replacement surgery peformed in 2012 on a Plaintiff with no knee cap which had been removed years earlier in a patellectomy in 1982.

Welcome to "Res Ispa Loquitur" with Paul Czarnota, award-winning barrister and law lecturer, serving up your shortcut to legal wisdom.

In each episode, we navigate the intricate world of torts, insurance, and personal injuries and break down recent and important cases - by delivering short, sharp, and easy-to-digest summaries.

This is for time-poor practitioners, eager law students, and anyone with a curious mind.

We unpack cases under Australian law and beyond, ensuring you stay ahead of the legal curve.

Subscribe now to "Res Ispa Loquitur", your go-to library of legal clarity.

Connect: paulczarnota@vicbar.com.au

*Disclaimer: This is for education purposes only and not to be used as a substitute for legal advice.

Welcome to "Res Ispa Loquitur" with Paul Czarnota, award-winning barrister and law lecturer, serving up your shortcut to legal wisdom.
In each episode, we navigate the intricate world of torts, insurance, and personal injuries and break down recent and important cases - by delivering short, sharp, and easy-to-digest summaries.
This is for time-poor practitioners, eager law students, and anyone with a curious mind.
We unpack cases under Australian law and beyond, ensuring you stay ahead of the legal curve.
Subscribe now to "Res Ispa Loquitur", your go-to library of legal clarity.
Connect: <a href="mailto:paulczarnota@vicbar.com.au">paulczarnota@vicbar.com.au</a>
*Disclaimer: This is for education purposes only and not to be used as a substitute for legal advice.

Res Ipsa Loquitur

Welcome to "Res Ispa Loquitur" with Paul Czarnota, award-winning barrister and law lecturer, serving up your shortcut to legal wisdom.
In each episode, we navigate the intricate world of torts, insurance, and personal injuries and break down recent and important cases - by delivering short, sharp, and easy-to-digest summaries.
This is for time-poor practitioners, eager law students, and anyone with a curious mind.
We unpack cases under Australian law and beyond, ensuring you stay ahead of the legal curve.
Subscribe now to "Res Ispa Loquitur", your go-to library of legal clarity.
Connect: <a href="mailto:paulczarnota@vicbar.com.au">paulczarnota@vicbar.com.au</a>
*Disclaimer: This is for education purposes only and not to be used as a substitute for legal advice.

Roberts v Shimmin

In this episode we consider the case of Belgrave Heights v Moore [2020] VSCA 240, a case in which the Victorian Court of Appeal considered whether, when there is injury suffered in the course of employment to a worker while driving a motor vehicle in the State of Victoria, the application for a "Serious Injury" certificate giving permission to commence damages proceedings is governed by the 'gateway' requirements of section 93 of the Transport Accident Act 1986 (Vic) or the applicable Workcover legislation, here s134AB of the Accident Compensation Act 1985 (Vic).

In this episode we consider the case of Belgrave Heights v Moore [2020] VSCA 240, a case in which the Victorian Court of Appeal considered whether, when there is injury suffered in the course of employment to a worker while driving a motor vehicle in the State of Victoria, the application for a "Serious Injury" certificate giving permission to commence damages proceedings is governed by the 'gateway' requirements of section 93 of the Transport Accident Act 1986 (Vic) or the applicable Workcover legislation, here s134AB of the Accident Compensation Act 1985 (Vic).

Belgrave Heights v Moore

In this episode we consider the case of Mt Owen v Parkes [2023] NSWCA 77, a case where the NSW Court of Appeal upheld a first instance decision which held a host employer was vicariously liable for the tortious conduct of a host employee, the Court satisfied there had been on the evidence at trial an effective shift or transfer of vicarious liability from the labour hire employer to the host.

In this episode we consider the case of Mt Owen v Parkes [2023] NSWCA 77, a case where the NSW Court of Appeal upheld a first instance decision which held a host employer was vicariously liable for the tortious conduct of a host employee, the Court satisfied there had been on the evidence at trial an effective shift or transfer of vicarious liability from the labour hire employer to the host.

Mt Owen v Parkes

In this episode we consider the case of Noureddine v Adlard [2022] VSC 719, a judicial review application of a Medical Panel determination decided by Walker JA sitting at first instance in the Victorian Supreme Court which involved a question as to whether, when a Medical Panel requested to provide its binding medical opinions to referred medical questions, undertakes its own independent research and fails to provide the product of that research to the parties for comment or submissions before rendering its opinion, that failure constitutes a breach of its procedural fairness obligations owed to the parties.

In this episode we consider the case of Noureddine v Adlard [2022] VSC 719, a judicial review application of a Medical Panel determination decided by Walker JA sitting at first instance in the Victorian Supreme Court which involved a question as to whether, when a Medical Panel requested to provide its binding medical opinions to referred medical questions, undertakes its own independent research and fails to provide the product of that research to the parties for comment or submissions before rendering its opinion, that failure constitutes a breach of its procedural fairness obligations owed to the parties.

Roberts v Shimmin

In 1 playlist(s)

Res Ipsa Loquitur

Social links

Follow podcast

Recent clips