Since coming to the Bar Arushan has worked mainly in the occupational health and safety, administrative law and personal injuries fields. Within the personal injuries arena he particularly practises in the areas of medical law, dust diseases and general liability.
He has represented numerous statutory bodies including the Medical Panels Victoria, Nurses Board of Victoria, the Victims of Crimes Assistance Tribunal and the Legal Aid Commission. He also has an established practice representing medical professionals before their professional disciplinary bodies and VCAT.
He specifically represents medical practitioners at AHPRA hearings (Panels) and also in contested VCAT matters where a practitioner’s conduct is being indicted. As a result of his combination of criminal law experience and medical law negligence practice Arushan brings a unique focus to such work.
Arushan is engaged by both Plaintiff and Defendant parties in some of the most complex, high value medical negligence cases in Victoria. He appears regularly at mediations and is briefed at trial both unled and as junior.
He represents private medical indemnity insurers and also the Victorian state insurer regularly in such actions.
Arushan completed the National Institute of Trial Advocates (NITA) Trial Skills Program at the University of North Carolina – Chapel Hill, USA in 2011.
While at the Bar Arushan has appeared in numerous complex matters:
In RN v Commonwealth of Australia & Anor he appeared with Mr. Noonan QC in the first case for damages brought by an asylum seeker for injuries sustained while detained on Manus Island in February 2014. The matter was confidentially resolved in 2016.
Arushan appeared as lead Counsel at the Inquest into the death of Numan Haider on behalf of the deceased’s family. The inquest dealt with the shooting of an alleged terrorist who had attempted to behead 2 police officers in Melbourne in September 2014. Arushan was nominated, with co-counsel Megan Fitzgerald, for the Victorian Bar’s Pro Bono award in 2017 for his work in this matter.
In 2010 Arushan appeared in the case of Panlock & Panlock v Da Cruz which related to the workplace bullying and ultimate death of a young woman, Brodie Panlock. The circumstances of Brodie’s death ultimately led to the introduction of Brodie’s Law in Victoria in 2011 which made serious bullying a crime.
In 2014 Arushan represented the Geelong Hospital at the Inquest into the death of Leroy Scott. The case involved the death of a young infant with an undiagnosed infection.
Notable cases include:
Court of Appeal
Arushan has appeared in numerous jury trials in the County Court and the Supreme Court relating to occupational health and safety prosecutions and also personal injury actions.
He also worked as the principal solicitor to the public service commission of Vanuatu. He returned to Australia in 2001 and represented one of the parties involved in the Cole Royal Commission into the building and construction industry.
His paper titled “The Rise and Rise of Non Civil Claims: the changing face of medical indemnity” given in 2016 can be viewed here.
His paper on Medical Panels can be viewed here: 17 June 2010 Medical Panels. How to get there or oppose getting there; what happens at the Panel and how to spot potential errors in their reasons.
His paper on current issues in health law given at the Legalwise Seminar on 28 November 2013 can be viewed here.
He is an author for the LexisNexis Practical Guidance series on Personal Injury in Victoria. He is an occasional lecturer in the Monash University subject on Occupational Health and Safety.
To get in touch with Arushan Pillay | or for more information please contact the Clerk on: +61 3 9225 7222 or firstname.lastname@example.org
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