Welcome to the September edition of the Holman Webb Health Law Bulletin.

This Health Law Bulletin includes articles on lessons learnt from the Quaker’s Hill Coronial Inquest, palliative care and euthanasia and advance care directives.

On 23 July 2015, the National Health and Medical Research Council (NHMRC), issued a Media Release opening public consultation on proposed draft revisions to the clinical practice section of: Ethical Guidelines on the Use of Assisted Reproductive Technology in Clinical Practice and Research, 2007 (‘ART Guideline’).11

A critical lesson from the Quakers Hill Nursing Home disaster is to conduct adequate pre-employment screening and check references on new employees.

These principles may also be applied to conducting adequate background checks and checking references on independent contractors such as agency staff, volunteers and potential residents.

Another reminder has been sent by the Courts confirming that publication of photos on Twitter on or other web pages does not entitle the world at large to use or republish those photos.

Many properties are either burdened or benefited by easements - but what is an easement, and what does it mean if your property is the subject of an easement?

Casaclan v Wealthsure Pty Ltd [2015] FCA 761 is the most recent decision involving Wealthsure Pty Ltd and their former authorised representative Mr Colin Oberg following the High Court’s Selig & Another v Wealthsure Pty Ltd (2015) 320 ALR 47 judgement.

Our quarterly publication will keep you up to date with news and developments in business, corporate and commercial law.

Nothing about the internet changes the fact that the owner of the copyright in a book, movie or music is the only party that has the right to exploit that material. They can offer an end user a license to access the material for a fee, they can give an end user the right to download and play a movie for their personal use, or they can license a movie chain to play that movie in the cinema. Those rights belong to the owner of the copyright and no-one else has the right to use or access the material unless they have the permission (and paid the fee if required) of the rights holder.

Are you interested in hearing from experts in the field about dealing with death in the health and aged care industry – including advance care directives, coronial inquests and euthanasia?

The Supreme Court of Queensland has recently been asked to consider whether or not an exchange of emails between a potential purchaser and the agent of a vendor was sufficient to create a legally binding contract. The first question answered by the Court was whether or not the facts of the case supported the finding that a contract existed, and second whether or not that contract could be created on the mere sending of emails. In this case, there was no formal contract for the sale of land.