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Insolvency

Battle of Priorities: Liquidator’s remuneration vs Employee claims in insolvency

Section 556 of the Corporations Act 2001 (Cth) legislates the priority of certain payments in the winding up of a company.  Section 561 of the Act provides that employee entitlement claims in a winding up have priority over circulating security inter...

CTP Insurance

Causation Questions Render Claim Unsuitable for Assessment

On 19 January 2024, the Personal Injury Commission published its decision in RACQ Insurance v BRT [2023] NSWPIC 672.

Published by Helen Huang
22 January, 2024
Employment

Closing Loopholes

On 15 December 2023, the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 made a number of changes  to the Fair Work Act 2009 and the functions of the Fair Work Commission.

Published by Tim McDonald
18 January, 2024
CTP Insurance

Mental Harm and Statutory Benefits

On 22 December 2023, the Personal Injury Commission published its decision in Zhao v AAI Limited t/as GIO [2023] NSWPICMR 62.

Published by Peter Hunt
15 January, 2024
Insurance

The Causation Obligation – PIC WPI Assessments: Allianz Australia Insurance Ltd v Salucci [2023] NSWSC 1593

In Allianz Australia Insurance Ltd v Salucci [2023] NSWSC 1953, the matter before the Supreme Court was the Insurer's application for judicial review of the Review Panel's determination of 24% whole person impairment in respect of the Claimant's phys...

Published by Raissa Galang
11 January, 2024
Insurance

Review Panel Referrals – Can’t Get No (Contingent) Satisfaction: Insurance Australia trading as NRMA Insurance v Liu [2023] NSWSC 1604

In Insurance Australia trading as NRMA Insurance v Liu [2023] NSWSC 1604, the matter before the Supreme Court was the insurer's application for judicial review of the President's Delegate's decision to refer a medical assessment to a review panel.

Published by Peter Hunt
10 January, 2024
Litigation and Dispute Resolution

The WayForward: the admissibility of ‘WayBack Machine’ evidence

It is now increasingly common in proceedings in Australia for parties to rely on historical website pages sourced from the Wayback Machine as evidence of what was shown on the particular website at a point in time relevant to the proceeding. In parti...

Published by Gus Skavronskas
19 December, 2023
CTP Insurance

Adjustment Disorder or Persistent Depression?

On 15 December 2023, the Personal Injury Commission (PIC) released its decision in Dokoza v AAI Limited t/as GIO [2023] NSWPICMP 626. The Claimant was involved in a motor vehicle accident on 2 September 2020.

Published by Helen Huang
18 December, 2023
Insurance

Embracing medical expertise in the realm of judicial review: Vicinity Centres PM Pty Ltd v Melek Arik & Ors

In Vicinity Centres PM Pty Ltd v Melek Arik & Ors, a majority of the Victorian Court of Appeal has recently held that the individual and collective skill and expertise of trained medical practitioners appointed to an independent Medical Panel in inte...

Published by Richard Johnson
12 December, 2023
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