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Legal perspectives from our expert lawyers
Legal perspectives from our expert lawyers
Is a worker entitled to bring a workplace accident claim under Motor Accidents Compensation Act 1999 (NSW), if the relevant negligence involved a failure in the system of work? A recent decision by the NSW Supreme Court looks at the application of th...
What is a Proper Officer required to consider when determining whether a further medical assessment should be allowed? The Court of Appeal of NSW provides the answer in AAMI v Chan. Author: Bethany Mahler Judgment date: 25 February 2021 Citation: AAI...
Is a Review Panel entitled to rely upon medical literature to make a decision that a party has not considered? The Supreme Court provides the answer in Raina v CIC Allianz Insurance Limited. Author: Katherine Teague Judgment date: 25 January 2021 Cit...
Is procedural fairness denied if a Claimant is not put on notice that a decision maker will be relying on introduced information to draw an adverse conclusion about their claim? The Supreme Court of New South Wales provides the answer in Briggs v NRM...
Can a Claims Assessor treat disputed projections of hypothetical income as “facts” in the absence of supporting evidence? Is a Claims Assessor obliged to provide adequate reasoning for their decisions? The Supreme Court recently explored ...
Is a Claims Assessor obliged to give reasons for accepting or declining an application for discretionary exemption? The Supreme Court provides the answer in Insurance Australia Ltd t/as NRMA Insurance v Wannous. Author: Michael Li Judgment date: 9 Ju...
Is a claimant who seeks statutory benefits under the Motor Accident Injuries Act 2017 entitled to costs in excess of those fixed by the Regulations? The Supreme Court of NSW provided the eagerly‚Äëawaited answer in AAI Limited v Moon. Author: Andrew ...
Part 3 of the Motor Accident Injuries Act 2017 (MAIA) includes a system of Weekly Benefits to compensate those injured in motor accidents for their economic loss. In both the First Entitlement Period (the first 13 weeks) and the Second Entitlement Pe...
Author: Nathan Morehead Judgement Date: 1st June, 2010 Citation: Fkiaras v Fkiaras (2010) NSWCA 116 Jurisdiction: New South Wales Court of Appeal In Brief An assessment of damages for economic loss pursuant to s 125 of the Motor Accidents Compensatio...