The Proper Lookout Podcast
Welcome to the The Proper Lookout Podcast published by the Statutory Insurance Group of McCabes.
Welcome to the The Proper Lookout Podcast published by the Statutory Insurance Group of McCabes.
In Abawi v Allianz, the Medical Review Panel looked at whether a laceration to the skin fell within the definition of a “threshold injury” in s 1.6 of the Motor Accident Injuries Act 2017.
Principal Peter Hunt reviews the decision and adds his own commentary on the issue.
Relevant Case Law & Legislation
In this episode of The Proper Lookout Podcast, Principal Peter Hunt discusses the traumatic brain injury with friend of the podcast, Professor Associate Joseph Suttie.
In Mandoukos v Allianz, the Supreme Court considered whether a cervical surgery could transform a below-threshold injury into an above-threshold injury. In this episode of The Proper Lookout Podcast, Principal Peter Hunt discusses the scope of the decision and the implications.
Relevant Case Law and Legislation
In this episode, Principal Peter Hunt discusses the decision in Mohmand v Allianz, where the Supreme Court looked at whether a Claimant always needs to exhibit radiculopathy to demonstrate that their cervical spine injury is an above-threshold injury for the purpose of s 1.6 of the Motor Accident Injuries Act 2017.
Relevant Case Law and Legislation
Are artificial members part of the body? And, if they are damaged, are they non-threshold injuries?
In this episode of The Proper Lookout Podcast, Principal Peter Hunt discusses what a PIC Review Panel thinks on these questions.
Relevant Case Law and Legislation
Does injury to the skin, alone, entitle a Claimant to ongoing statutory benefits and common law damages?
In this episode of The Proper Lookout Podcast, Principal Peter Hunt reviews three PIC Review Panel decisions which consider whether injury to the skin falls within the statutory definition of a “threshold injury”.
Relevant Case Law and Legislation:
In this episode of The Proper Lookout Podcast, Principal Peter Hunt joins Associate Professor Joseph Suttie to explore the impact of artificial intelligence, like ChatGPT, in the workplace.
NOTE: no AI was deployed in recording of this podcast episode. All thoughts are those of the participants!
All organisations, including insurers and law firms, are confronted with employees at the risk of burnout. In this episode of The Proper Lookout Podcast, Principal Peter Hunt discusses the issues with Associate Professor Joseph Suttie.
In this very special episode, Principal Peter Hunt talks to The Honourable Geoffrey Bellew SC, a former Justice of the Supreme Court of NSW, about the challenges of life on the Bench, including those which arise when the parties tender large volumes of irrelevant material.
The discussion is topical for CTP insurers and practitioners as the Personal Injury Commission contemplates the introduction of page limits.
Most claims managers have probably experienced Claimants who demonstrate obsessive personality traits in the context of the management of their claim.
In this episode of the Proper Lookout Podcast, Principal Peter Hunt discusses Borderline Personality Disorders with Associate Professor Joseph Suttie and how they might impact the claims experience.
What happens if an autonomous vehicle thinks a tree blowing in the wind is a pedestrian about to run across the road? How might the autonomous vehicle behave when it perceives this “danger”? In this episode, Principal Peter Hunt interviews Associate Professor Joseph Suttie about the AI used in autonomous vehicles.
The Motor Accident and Workers Compensation Amendment Act 2022 made some amendment to the calculation of weekly benefits under MAIA. In this episode, Julia Douglas-Oliveira and Raissa Galang discuss the changes.
In this episode, Raissa Galang and Julia Douglas-Oliveira discuss how the Motor Accident and Workers Compensation Amendment Act 2022 amended the “no-fault” provisions in Part 5 of MAIA.
The Personal Injury Commission can not be exercising the judicial power of the Commonwealth if it does not exercise judicial power at all. In this episode, Peter Hunt discusses recent Court decisions which discuss whether the PIC’s functions are administrative or judicial.
In this episode, Peter Hunt discusses the Motor Accident Injuries Amendment Bill 2022 which has passed both Houses of the NSW State Parliament.
Relevant case law and legislation
In this episode, In Stanton v Winning, the District Court clarified the vexing question of whether a dispute between an interstate claimant and a licenced NSW CTP insurer involves an exercise of federal jurisdiction within the meaning of Div 3.2 of the Personal Injury Commission Act 2021. Peter Hunt explains the decision and outlines the implications.
Relevant case law and legislation
Federal Jurisdiction – Private CTP insurers not part of the State of NSW – McCabes
Please click here to download a copy of our Federal Jurisdiction Guidelines.
In this episode, Helen Huang and Katherine Teague discuss the ways available for parties to seek to vacate an Assessment Conference in the Personal Injury Commission, particularly during a Pandemic.
Relevant case law and legislation
In this episode of the Proper Lookout Podcast, Peter Hunt summarises his thinking on what types of CTP claims involve an exercise of federal jurisdiction.
Pursuant to Part 3.2 of the Personal Injury Commission Act 2020, the Personal Injury Commission has no power to exercise federal jurisdiction. In this episode, Peter Hunt discusses the District Court decision in Ritchie v The Nominal Defendant which examines whether a dispute between a resident of Queensland and the NSW Nominal Defendant involves an exercise of federal jurisdiction.
In this episode, Helen Huang and Katherine Teague discuss the implications of the Claimant not seeking internal review of the Insurer’s permanent impairment determination and how to progress the matter without any further delays under the Motor Accidents Injuries Act.
In this episode, Rihab Abdul-Rahman and Tasnim Ali, discuss Mandatory and Discretionary Exemptions from the assessment of damages in the Personal Injury Commission.
Motor Accident Injuries Act 2017 No 10 – NSW Legislation
Motor Accident Injuries Regulation 2017 – NSW Legislation
Motor Accidents Compensation Act 1999 No 41 – NSW Legislation
#122 – The PIC Stood Over List
In this episode, Katherine Teague and Tasnim Ali kickstart their first mini-series “Are you being afforded Procedural Fairness?” by discussing how decision-makers may fail to afford procedural fairness when the fail to disclose to the parties material they have relied upon in reaching their decisions.
The NSW State Government has introduced a Bill to amend aspects of the Motor Accident Injuries Act 2017 (and the Workers Compensation legislation). In this episode, Peter Hunt discusses how the Bill addresses the criticism of Part 5 of MAIA levelled in AAI v Singh.
In this episode, Renée Reddy and special guest, Marco Nesbeth, of Counsel, discuss their recent Supreme Court administrative review case. They discuss the outcome and the precedent this case sets with respect to statutory non-compliance and the true power of S85B and S6.26 Notices (and other similar provisions) within the MACA and MAIA framework.
To access our earlier episodes, click here.