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Legal perspectives from our expert lawyers
Legal perspectives from our expert lawyers
On 18 October 2023 the NSW Personal Injury Commission released its decision in Alzate v Insurance Australia Limited t/as NRMA [2023] NSWPICMR 51. The Claimant in this matter was unemployed on the date of her motor accident and was receiving parenting...
Judgment date: 31 March 2022 Citation: Briggs v IAG Limited t/a NRMA Insurance Jurisdiction: Supreme Court, Wright J Introduction While the relevant tests of causation and the importance of medical science in these tests have been previously delibera...
Judgment date: 11 April 2022 Citation: Stanton v Winning [2022] NSWDC 104 Jurisdiction: District Court Introduction The Personal Injury Commission has no power to exercise federal jurisdiction within the meaning of ss 75 and 76 of the Commonwealth Co...
Introduction Claimants and insurers alike may utilise section 7.26 of the Motor Accident Injuries Act 2017 (‘the Act‘) to refer a medical assessment decision to a panel for review. During such a review, a medical panel has a duty to not o...
The Personal Injury Commission has no power to exercise federal jurisdiction within the meaning of ss 75 and 76 of the Commonwealth Constitution. But when does federal jurisdiction arise? Does a minor injury dispute between a resident of Queensland a...
Author: Laurette Rizk Judgment date: 6 October 2021 Citation: Oeding-Erdel v Allianz Australia Limited [2021] NSWSC 1264 Jurisdiction: Supreme Court of New South Wales, McCallum JA Can the Proper Officer of SIRA lawfully determine applications for re...
Author: Stephanie Ibrahim Judgment Date: 26 August 2021 Citation: Stanizzo v AAI Limited trading as GIO [2021] NSWSC 1077 (26 August 2021) Jurisdiction: Supreme Court of New South Wales, Adamson J Principles A decision-maker must fairly address the a...
Is the correct test of causation whether an alleged injury is a ‘direct consequence of the motor vehicle accident’? The NSW Supreme Court provides the answer in Hunter v NRMA Insurance. Judgment date: 2 June 2021 Citation: Hunter v Insura...
When physical symptoms caused by an accident have ceased, do psychological symptoms secondary to those symptoms also cease to be causally related to an accident, and who bears the onus of proof? The NSW Court of Appeal recently explored this issue in...