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Better the Wrongs Act we knew: Victorian Court of Appeal confirms courts must accept multiple Medical Panel determinations

Through its recent decision in Citywide Service Solutions Pty Ltd v Rosata; Kabbout v Crown Melbourne Ltd [2023] VSCA 281, the Victorian Court of Appeal has restored what had been a tacit understanding in personal injury litigation.

Published by Richard Johnson
23 November, 2023
Insurance

Why actual earnings are not always an accurate reflection of future potential earnings: Alldinger v Du Ranot [2023] NSWCA 271

The decision in Alldinger v Du Ranot [2023] NSWCA 271 demonstrates that actual business earnings that are at significant odds with declared business earnings, are not always an accurate depiction of potential future earnings.

Published by Peter Hunt
22 November, 2023
Insurance

Karpik v Carnival PLC: The Ruby Princess – Anything but smooth sailing

On 25 October 2023, Justice Stewart of the Federal Court of Australia handed down the decision in Karpik v Carnival plc (The Ruby Princess) (Initial Trial) [2023] FCA 1280 - believed to be the first decision (globally) addressing a claim for personal...

Published by Richard Johnson
22 November, 2023
CTP Insurance

E-Bike Rider not injured in “motor accident”: CFD v AAI Limited t/as AAMI [2023] NSWPIC 592

A vehicle is not a motor vehicle unless it was built with the intention of being propelled by a motor which forms part of the vehicle. In assessing whether a vehicle is a motor vehicle the focus is on the intention of the manufacturer, at the time th...

Published by Peter Hunt
21 November, 2023
Insurance

Case Summary: GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore

On 1 November 2023, the High Court allowed an appeal from the NSW Court of Appeal (NSWCA). The High Court disagreed with the previous Court of Appeal decision and held that an order to permanently stay proceedings is only to be exercised in exception...

Published by Justin Dyson
17 November, 2023
Insurance

Duties and responsibilities of venue operators, security companies and patrons: Bondi Beach Foods Pty Ltd v Chadwick [2023] NSWCA 265

The NSW Supreme Court of Appeal has recently delivered its judgment in the decision of Bondi Beach Foods Pty Ltd v Chadwick [2023] NSWCA.

Published by Nicole Oglesby
14 November, 2023
CTP Insurance

MRIs are more accurate diagnostic tools for labral tears than ultrasounds: Fajloun v Allianz Australia Insurance Limited [2023] NSWPICMP 534

On 10 November 2023 the NSW Personal Injury Commission released its decision in Fajloun v Allianz Australia Insurance Limited [2023] NSWPICMP 534.

Published by Helen Huang
13 November, 2023
CTP Insurance

Concessions in medical disputes: Shaw v Insurance Australia Group Limited t/as NRMA Insurance [2023] NSWSC 1273

In the matter of Shaw v Insurance Australia Group Limited t/as NRMA Insurance [2023] NSWSC 1273, the claimant alleged that a motor accident on 6 September 2018 caused whole person impairment greater than 10%.

Published by Qiming Zhou
8 November, 2023
CTP Insurance

Drivers not maintaining a proper lookout prior to performing a U-turn may be mostly at fault for an accident: Hamid v Insurance Australia Ltd t/as NRMA Insurance [2023] NSWPIC 157

On 3 November 2023 the NSW Personal Injury Commission released its decision in Hamid v Insurance Australia Ltd t/as NRMA Insurance [2023] NSWPIC 157.

Published by Peter Hunt
7 November, 2023
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