Explainer: Review of the Guardianship Act 1987 (NSW)
An important report by the NSW Law Reform Commission that is relevant to many older people and people with a disability and their families in NSW has finally been tabled…
Meningococcal death raises questions of disclosure and compensation when things go wrong in hospitals
The widely reported death of a young Central Coast university student raises questions about what rights and remedies patients and their families have when things go wrong in a hospital…
Aretha Franklin’s Death A Reminder To Have A Will
The death of the Queen of Soul, Aretha Franklin, is a reminder to us all of the importance of having a properly written will. Aretha died without a will to…
Avoidable Death in a Hunter Aged Care Facility – Our Client’s Story
We helped clients sue an aged care facility over the death of their mother (and grandmother) while in the facility’s care. The family reluctantly decided to place their then 87-year…
Deaths arising out of negligence and possible compensatory responses
If a loved-one dies as the result of someone else’s negligence, am I entitled to compensation? When someone dies due to the negligence of another, the deceased will be unable…
Birth trauma impacts go beyond women – Birth Trauma Awareness Week
This week is Birth Trauma Week where we recognise the stories of people who have experienced trauma as a result of child birth. The Week is also a time to…
Catherine Henry Lawyers Recognised as a Champion of Diversity
Catherine Henry Lawyers has been recognised for its commitment to, and achievements in, fostering diversity in the workplace. The firm has been named a finalist in the 2018 Hunter Diversity…
Habitual Offender Declarations & Lifting Lengthy Disqualification Periods
In a situation where an individual is found guilty of three or more major driving offences (such as driving under the influence of alcohol or drugs, driving without a licence)…
Deliberate Exclusion from a Will
A common scenario occurring more than one may think is the deliberate exclusion of a child from a Will. This has come up recently where a daughter was left out…
Common Stories of Financial Elder Abuse
Financial elder abuse is no longer a hidden problem. The 2017 ALRC report ‘Elder Abuse – A National Legal Response’ has elevated the prevalence of elder abuse as a national…
World Elder Abuse Awareness Day
World Elder Abuse Awareness Day (June 15) shines a spotlight on increasing financial abuse. Local elder law expert calls on Governments to take faster action to prevent it A local…
NSW Health Report: A Review of the Regulation of Cosmetic Procedures
We currently act for several clients that have had poor outcomes following cosmetic surgery procedures carried out by relatively inexperienced surgeons touting themselves as ‘cosmetic surgeons’. There are presently no…
Top 10 Tips for Older People to Avoid Elder Abuse
It is estimated that at least five per cent of older people experience some kind of financial abuse by family members of carers. Common elder abuse scenarios include: attorneys misusing…
New National Action Plan for Endometriosis
The government has recently announced funding in the amount of $2.5 million as part of a national plan to fund research into endometriosis and to promote awareness of the condition.…
A Guide to Family Law Mediation
Mediation is a great method of resolving a dispute in both parenting and property matters in family law. Two of the biggest advantages of family law mediation are the time…
Palliative Care Week: Local People Under-Utilising Essential Tools for End of Life Planning
A leading Hunter law firm says local people are under utilising such as advanced care directives and enduring power of attorney documents which means they and their families are not…
Failure to Diagnose and Treat Meningitis Caused Death for Six-Year-Old
We were saddened to read about the inquest into the death of Layla Ermenekli, a six year old girl who died hours after being sent home from an emergency department…
National Palliative Care Week
This week is National Palliative Care week, the aim is to raise the community’s awareness and understanding about palliative care. It is the treatment a person and their loved ones…
Personal Health Records: Third Party Sharing and Opting Out
Personal health records and data for each Australian citizen will soon be created as part of the My Health Record initiative. By the end of 2018, a record will be…
The Federal Government’s Failure to Address the Crisis in Aged Care
We have been advocating for a better level of care for all residents of aged care facilities by expressing our disappointment with the Federal Government’s latest aged care “reform” and budget…
New Aged Care Watchdog Again Fails to Deal with Key Issue of Inadequate Staffing Requirements
Newcastle-based lawyer and Australian expert in aged care and health law, Catherine Henry, has criticised the Federal Government’s latest aged care policy announcement. The government this week announced that from…
New Aged Care Policy Falls Woefully Short
The Federal Government’s latest aged care policy announcement falls significantly short of what’s required to address the crisis in aged care. From January 1, 2019 a new, “independent” Aged Care…
Budget Reaction: Failure To Tackle Key Issues For Aged Care Residents
BUDGET REACTION: FAILURE TO TACKLE KEY ISSUES FOR AGED CARE RESIDENTS – NO MANDATED STAFF RATIOS A leading Australian elder care lawyer from Hunter based firm, Catherine Henry Lawyers, says…
Failure to Perform Emergency C-section – Our Client’s Story
We acted for an 8 year old boy who had a mild form of cerebral palsy. When 41 weeks pregnant, our client’s mother had presented to hospital in active labour.…
Ignoring a High-Risk Pregnancy – Our Client’s Story
We represented a very disabled child and her parents in a birth trauma case. Our client’s mother was 42 at the time of the pregnancy and a very small woman,…
When Sorry Seems to Be the Hardest Word for Medical Practitioners
So many of my clients say to me that if their treating health care professional had said sorry or just apologised to them for what had gone wrong, they wouldn’t…
Can a former spouse contest your will after you die?
So can a former spouse contest your will? You might be surprised by the answer and our client's fascinating High Court challenge. After the time, money and effort it can…
Can I stop my ex taking our children overseas?
We were recently contacted by a person seeking advice because he was concerned that his ex was going to take his children overseas without his consent. Where do you stand…
I have a pre-nuptial financial agreement, my ex won’t be able to touch my assets… right?
There has been yet another warning from the High Court of Australia for people who have a pre or post nuptial financial agreement in place (or are considering entering into…
Case Study: Is a former spouse entitled to contest a will?
Section 57(1)(d) of the Succession Act 2006 (NSW)[1] (‘the Act’) allows for a former spouse to make a family provision claim against an estate (in other words, contest a will).…
