News & Blog
Legal perspectives from our expert lawyers
Legal perspectives from our expert lawyers
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...
Judgment date: 6 April 2022 Citation: Tapp v Australian Bushmen’s Campdraft & Rodeo Association Ltd [2022] HCA 11 Jurisdiction: High Court of Australia On 6 April 2022, the High Court of Australia set aside the judgment of the NSW Court of...
Author: Rihab Abdul-Rahman Judgment date: 15 March 2022 Citation: Raad v Cossey [2022] NSWDC 59 Jurisdiction: District Court of New South Wales Before: Cowdroy AO QC ADCJ Principles: A driver and a passenger who are both under the influence of drugs ...
Dodson v Woolworths Group Limited [2022] WASCA 22 was an appeal resulting from a decision reached by an Arbitrator in the Western Australian Workers’ Compensation Arbitration Service. The appellant (Dodson) claimed at the arbitration that she s...
Introduction On 8 December 2021 the High Court delivered their decision in Arsalan v Rixon and Nguyen v Cassim. The decisions were appealed from the New South Wales Court of Appeal, and each relate to the situation where an insured driver has caused ...
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...