Australia: Personal Injury

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

Slippery when wet – driver's speeding means they're mostly at fault

A claimant is not entitled to ongoing statutory benefits if they are wholly or mostly at fault for their accident. Recent case example.

Australia Litigation

M

McCabes

Costs In VCAT Proceedings

AMA VicDoc Winter article published in May 2025

Australia Litigation

K

Kennedys

Supreme Court Finds that Pet Care is an Attendant Care Service

"Attendant care services" should be given its ordinary English meaning.

Australia Litigation

M

McCabes

I was only injured because of the company's negligence." Which case won?

Discusses case where mechanic brought an action in negligence against the landscaping company.

Australia Employment

S

Stacks Law Firm

How most At Fault disputes are assessed when the insured is not at fault

Australia Litigation

M

McCabes

What to do when tragedy strikes a minor who is my child or someone in my care: can a minor make a claim for compensation?

Australia Litigation

CO

Carroll & O'Dea

Consequential surgery is not "an injury" in the absence of harm

Australia Litigation

M

McCabes

Rebalancing Workers Compensation Reform: Insights From The Public Accountability And Works Committee Report

Australia Litigation

CO

Carroll & O'Dea

When Does Time Start? The High Court Clarifies The Operation Of Limitation Periods To Actions In Negligence For Economic Loss

Australia Litigation

K

Kennedys

Who ruled the dogs out? Review panel finds pet care is not "treatment or care"

Australia Litigation

M

McCabes

The "pre-existing condition" dilemma in travel insurance claims

Australia Insurance

CO

Carroll & O'Dea

Bird strike - Driver left with nobody to sue

Australia Litigation

M

McCabes

Claim farming soon to be prohibited in South Australia

Australia Litigation

B

Barry Nilsson

Palmer v Allianz Australia Insurance Limited [2025] NSWPIC 440; (28 August 2025) – assessing reasonableness in due inquiry and search

Australia Litigation

CO

Carroll & O'Dea

Insights Into Unique Court Decisions, With Pavlos Stavropoulos, Senior Disputes And Insolvency Solicitor At Addisons

Australia Insolvency

CP

Cathro & Partners

Clarifying misconceptions of abandonment of employment

Australia Employment

BP

Bartier Perry

It Depends – What Is Happening With Division 296? (Tax On Large Superannuation Balances)

CG

Cooper Grace Ward

Inside Safety Podcast Series - Episode 3, Part 1 - Director's Duties

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

"I had cancer and they sacked me. That's disability discrimination". Which case won?

Australia Employment

S

Stacks Law Firm

Claimant's duty to co-operate with the insurer is mandatory

Recent decision makes it clear that the section 6.24 obligation to co-operate with the Insurer is mandatory.

Australia Litigation

M

McCabes

"I Know What I'm Worth" – Why That's Rarely True In Queensland Injury Claims

Personal injury damages in Queensland are governed by detailed and restrictive legislation.

Australia Litigation

RL

Roche Legal

Liebert V Allianz Australia Insurance Limited [2025] NSWPIC 458 – Clarifying The Definition Of "Motor Accident"

The case demonstrates that not every injury sustained in that context will be considered a "motor accident" for the purposes of accessing statutory benefits.

Australia Litigation

CO

Carroll & O'Dea

Allianz Australia Insurance Limited v Bell [2025] NSWCA 187 – Court of Appeal clarifies Review Panel's role in psychological injury claims

This decision is an important reinforcement of several principles that protect injured people in complex factual scenarios.

Australia Litigation

CO

Carroll & O'Dea

Allianz Australia Insurance Limited v Moore [2025] NSWPICMP 557 – when pre-existing psychological injuries affect whole person impairment

Australia Litigation

CO

Carroll & O'Dea

How is relative culpability assessed when one party disobeys the road rules?

Australia Litigation

M

McCabes

When (and how) obesity can be a compensable injury in NSW workers compensation — and what that means for WPI

Australia Employment

CO

Carroll & O'Dea

Supreme Court Of NSW Allows Limitations Defence And Refuses Extension Of Time Application

Australia Litigation

B

Barry Nilsson

Abawi applied - Injury to skin a threshold injury

Australia Litigation

M

McCabes

Tick Tock, Time Is Up – Or Is It? NSW Supreme Court Refuses Extension Of The Limitation Period For Medical Negligence Claim

Australia Litigation

GC

Gilchrist Connell

Case Summary: Stewart V Metro North Hospital And Health Service [2025] HCA 34 – The High Court Reframes Reasonableness In Damages

Australia Litigation

CO

Carroll & O'Dea

Case summary: Allianz Australia Insurance Limited v Mataraci [2025] NSWPICMP 536 – What factors are relevant to whether treatment is "reasonable and necessary"?

Australia Litigation

CO

Carroll & O'Dea

"It wasn't negligent driving. I had to swerve to avoid an unidentified vehicle" – which case won?

Australia Litigation

S

Stacks Law Firm

Evic applied – How to assess contributory negligence in a chain collision

Australia Litigation

M

McCabes

Case Summary: Stewart V Metro North Hospital And Health Service [2025] HCA 34 – The High Court Reframes Reasonableness In Damages

Assessing "reasonableness" when awarding damages for future care under the Civil Liability Act 2003 (Qld) (CLA).

Australia Litigation

CO

Carroll & O'Dea

Case summary: Allianz Australia Insurance Limited v Mataraci [2025] NSWPICMP 536 – What factors are relevant to whether treatment is "reasonable and necessary"?

Recent case provide useful insight into how the statutory requirements for accident-related & "reasonable and necessary" treatment, are interpreted.

Australia Litigation

CO

Carroll & O'Dea

"It wasn't negligent driving. I had to swerve to avoid an unidentified vehicle" – which case won?

Personal injury case - Court had to decide who was to blame for the car accident.

Australia Litigation

S

Stacks Law Firm

Evic applied – How to assess contributory negligence in a chain collision

In multi-vehicle accidents, contributory negligence is assessed by comparing the relative culpability of all drivers involved in the accident. Recent case example.

Australia Litigation

M

McCabes

Case summary: Ganeson v Allianz Australia Insurance Limited [2025] NSWPIC 55 – Nutritional supplements as "medical treatment" under the Motor Accident Injuries Act 2017

Australia Litigation

CO

Carroll & O'Dea

Case summary: El-Kazzi v Insurance Australia Limited t/as NRMA Insurance [2024] NSWPICMP 591 (21 August 2024) – were medical treatments reasonable and necessary?

Claimants must take care to establish not just a connection between the motor vehicle accident and their proposed medical treatments.

Australia Litigation

CO

Carroll & O'Dea

Reasonableness and the right to care in your own home Stewart v Metro North Hospital and Health Services [2025] HCA 34

In recent case, the HC clarified the test of reasonableness for the purpose of assessing common law damages under the Civil Liability Act 2003 (Qld).

Australia Litigation

GC

Gilchrist Connell

Catastrophic injury claims: a new twist in claims inflation

Recent case rules that damages must cover at-home care if it restores a plaintiff's pre-injury life, even if institutional care is cheaper.

Australia Litigation

K

Kennedys

Removalist services are not an "everyday task"

Recent decision provides example of a service which is not an "everyday task" as required by the definition of "attendant care service".

Australia Litigation

M

McCabes

New Personal Injury Notice of Claim Forms Now in Force

Australia Litigation

RL

Roche Legal

Reviewing the (narrow) role of the review panel

Australia Litigation

M

McCabes

When is a finding of 100% contributory negligence justified in a single vehicle accident?

Australia Litigation

M

McCabes

Phothisenh v AAI Limited t/as AAMI [2025] NSWPIC 338 – private school transport recognised as "treatment and care" under the MAIA

Australia Litigation

CO

Carroll & O'Dea

Claiming Damages After Missing the 6-Month WorkCover Deadline

Australia Litigation

RL

Roche Legal

Bicyclist found wholly at fault

Australia Litigation

M

McCabes

Case summary: Ioannidis v Carretero [2025] NSWDC 258 – Dog attacks, psychological harm, and the limits of statutory compensation under the Companion Animals Act 1998 (NSW)

Australia Litigation

CO

Carroll & O'Dea

Case summary: Chowdhury v Insurance Australia Ltd t/as NRMA Insurance [2025] NSWPIC 167 – can pet care be a treatment expense after a motor vehicle accident?

Australia Litigation

CO

Carroll & O'Dea

O'Toole V BlueCare: When Personal Injury Claims Meet The Deadline Dilemma

Australia Litigation

B

Barry Nilsson

Can injury sustained during consequential treatment be a "non-threshold" injury?

Australia Litigation

M

McCabes

Civil Claim Secures Justice For Grieving Son Of Dwayne Johnstone Who Was Fatally Shot In Prison

Australia Litigation

OC

O'Brien Criminal & Civil Solicitors

Case summary: Allianz Australia Insurance Limited v Yangzom [2025] NSWCA 104 – pain, injury and the limits of medical review under the Motor Accident Injuries Act 2017 (NSW)

Australia Litigation

CO

Carroll & O'Dea

What factors are relevant to whether treatment is reasonable & necessary?

Australia Litigation

M

McCabes

Double dismissal: Full Court of the Federal Court of Australia rejects appeal and cross-appeal in Ruby Princess class action

Australia Litigation

B

Barry Nilsson

Review panel finds rotator cuff tear sustained during treatment is a non-threshold injury

Australia Litigation

M

McCabes

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Latest Videos

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Double dipping: making claims for Total and Permanent Disability (TPD)

RL

Roche Legal

DOWNLOAD: Minor Injury Guide (CTP Insurance)

HW

Holman Webb Lawyers

[Video] 2020 Public liability cases

TS

Travis Schultz & Partners

Legal Lockdown - Episode 3: Personal injury claims

HW

Holman Webb Lawyers

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