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Latest Blogs & News

Gawthrop v Bendigo Health - medical negligence - consent and patient rights in Victoria - Guardian Injury Law

Gawthrop v Bendigo Health [2026] VSC 157 - What this case means for informed consent and patient rights in Victoria

The Supreme Court of Victoria has handed down a landmark medical negligence decision concerning a patient’s right to provide free and voluntary consent. The Court found that the defendant hospital was liable in battery and negligence after a vaginal examination was performed without the patient’s free and voluntary consent.
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What is a WorkCover certificate of capacity, and why does it matter?

What is a WorkCover certificate of capacity, and why does it matter?

If you have been injured at work, you will very quickly hear the term “certificate of capacity”. This document sits at the centre of your WorkCover claim and can affect your weekly payments, your medical treatment, your return-to-work options and, in some cases, whether your claim is accepted or can continue at all.
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Do I have to pay tax on my personal injury compensation?

Do I have to pay tax on my personal injury compensation?

If you have received or are about to receive a personal injury settlement, one of the first questions you may ask is: Do I have to pay tax on my personal injury settlement? The short answer is no, but…
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Can I claim interest on a delayed TPD claim?

Can I claim interest on a delayed TPD claim?

If your TPD claim is unreasonably taking longer than 6 months, you can request that the super fund/insurer pays penalty interest from this date until they finalise your claim.
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