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Legal perspectives from our expert lawyers
Legal perspectives from our expert lawyers
On 3 October 2023, the NSW Supreme Court of Appeal delivered its judgment in the matter of Karaoglu v Fitness First Australia Pty Ltd [2023] NSWCA 229.
Pursuant to section 131 of the Motor Accidents Compensation Act (NSW), a Claimant is only entitled to damages for non-economic loss where the permanent impairment is greater than 10% and results from an injury caused by a motor vehicle accident.
The decision in Aleksic v AAI Limited t/as GIO [2023] NSWPICMP 466 acts as a reminder that in threshold injury disputes, a motor accident does not need to be the sole cause – or even the predominant cause – of the relevant medical condition.
In New South Wales, the Civil Liability Act 2002 NSW (the Act) is the governing legislation that governs the recovery of damages for personal injury caused by the fault of a person. Part 1A of the Act outlines the rules pertaining to negligence, whic...
Case Note – Zaya v Damirdjian Judgment date: 11 October 2022 Citation: Zaya v Damirdjian [2022] NSWCA 203 Jurisdiction: Court of Appeal, Supreme Court of NSW Before: Bell CJ, Gleeson JA and Griffiths AJA Principles Expert evidence has a limited...
A claimant suffers psychological injury when he is threatened by a would be thief of his motor bike. Whether the medical assessor was justified in concluding that this was not a motor accident was answered by the Supreme Court in Bell v Allianz Insur...
Judgment date: 15 July 2022 Citation: Insurance Australia Limited t/as NRMA Insurance v Rababeh [2022] NSWSC 942 Jurisdiction: Common Law, Supreme Court, Harrison AsJ Introduction Can a medical assessor’s reasons be examined to understand what ...
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...