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.

Case summary: Nelson v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMP 380 – the burden of proof lies with the claimant – but what does that mean in practice?

Recent decision highlights the difficulty of proving causation for non-threshold injuries, especially with pre-existing conditions.

Australia Litigation

CO

Carroll & O'Dea

Can treatment & care be found on the Uber App?

The cost of private transport for an injured child to school may be covered under "treatment and care".

Australia Litigation

M

McCabes

Case summary: Ellis v AAI Ltd t/as GIO [2025] NSWPIC 162 – when renovations count as treatment and care

Renovations aimed at alleviating injury-related limitations may be covered under "home modifications" but not "attendant care services".

Australia Litigation

CO

Carroll & O'Dea

Case Summary: Forrest V QBE Insurance (Australia) Limited [2025] NSWPIC 206 – Dog Walking Is An Attendant Care Service

The PIC held dog walking can qualify as "attendant care" under NSW motor accident law if injury prevents the claimant from doing it.

Australia Litigation

CO

Carroll & O'Dea

Most at fault? Can't get no (reasonable) satisfaction...

Australia Litigation

M

McCabes

Contributory negligence in NSW dependency and mental harm claims

Australia Litigation

CO

Carroll & O'Dea

The commission has no power to pre-approve treatment

Australia Litigation

M

McCabes

Not Foreseeable: Roadside Phone Calls From Accident Scene Not Causative Of Psychiatric Injury

Australia Litigation

B

Barry Nilsson

Case summary: Allianz Australia Insurance Limited v Estate of the Late Summer Abawi [2025] NSWCA 85 – When is a skin injury a ‘threshold injury'? NSW Court of Appeal provides clarity

Australia Litigation

CO

Carroll & O'Dea

Same but different? Liability in statutory benefits versus liability in a claim for damages

Australia Litigation

M

McCabes

TPD benefit paid out five years after initially being denied

Australia Litigation

HP

Hall Payne Lawyers

Changes coming to NSW workers compensation for psychological injuries

Australia Litigation

S

Stacks Law Firm

The Hidden Financial Risks of Making a Personal Injury Claim

Australia Litigation

RL

Roche Legal

No liability for work colleagues' psychiatric injury as a result of witnessing the aftermath of an attempted suicide

Australia Litigation

B

Barry Nilsson

Addressing the Surge in Youth Crime in NSW

Australia Criminal

OC

O'Brien Criminal & Civil Solicitors

Tax Bites: Australian Tax Podcast Series

KL

Herbert Smith Freehills Kramer LLP

Immigration And Australian Federal Election Campaign Promises

Australia Immigration

IL

Interstaff Immigration Agency

Demystifying Australia's National Anti-Corruption Commission (Video)

Australia Criminal

AM

Alvarez & Marsal

Cyber-Flashing Laws, Offences and Penalties in Australia

Australia Criminal

CD

Criminal Defence Lawyers Australia

Case summary: Maea v Acciona Infrastructure Australia Pty Ltd [2025] NSWSC 567 – Proper purpose for medical examinations in personal injury proceedings

Court highlighted the inappropriateness of using medical examinations to impugn a Plaintiff's credibility without proper grounds.

Australia Litigation

CO

Carroll & O'Dea

Res Ipsa Loquitor argument is no lay down misère

Recent case serves as reminder that relying on the concept of res ipsa loquitor is fraught with difficulty.

Australia Litigation

M

McCabes

Is a flare up of pre-existing Crohn's disease a threshold injury?

The decision in Nelson takes it back to basics.

Australia Litigation

M

McCabes

A long way to fall: Council not liable for another trip and fall incident

A clear factual finding of the height differential - therefore it would appear imperative that accurate measurements are taken.

Australia Litigation

B

Barry Nilsson

Common law claims after a workplace injury in Queensland

Australia Employment

HP

Hall Payne Lawyers

Husher Up – Company Profits Irrelevant to the Calculation of PAWE

Australia Litigation

M

McCabes

A guide to Independent Medical Examinations (IMEs) in workers' compensation claims Queensland

Australia Litigation

HP

Hall Payne Lawyers

Walkies! When are dog walking services "treatment & care"?

Australia Litigation

M

McCabes

Your right to sue for personal injury in Queensland

Australia Litigation

HP

Hall Payne Lawyers

Appeals to the Queensland Industrial Relations Commission (QIRC) – 2024

Australia Litigation

RL

Roche Legal

Queensland Supreme & District Court Awards for Personal Injuries in 2024

Australia Litigation

RL

Roche Legal

What Happens If You Experience Psychiatric Injury/psychological Harm Following An Injury To A Loved One? And Can You Claim Compensation?

Australia Litigation

CO

Carroll & O'Dea

Court Allows Evidence From Multiple experts With Same Specialty in Stroke Negligence Case

Australia Litigation

E

ExpertsDirect

Slippery When Wet – When An Unsafe Speed Means You're Livin' On A Prayer

Australia Litigation

M

McCabes

Queensland Supreme & District Court Awards for Personal Injuries in 2024

These summaries are based on the judgments for personal injury claim trials published on the Supreme Court Library Queensland (SCLQ) website in 2024.

Australia Litigation

RL

Roche Legal

What Happens If You Experience Psychiatric Injury/psychological Harm Following An Injury To A Loved One? And Can You Claim Compensation?

Types of claims are often called "nervous shock" or "secondary victim" claims.

Australia Litigation

CO

Carroll & O'Dea

Court Allows Evidence From Multiple experts With Same Specialty in Stroke Negligence Case

Court ruled that the restriction upon multiple experts should yield to the plaintiff's concern to explore the comparison between the clinical indications for thrombolysis and clot retrieval.

Australia Litigation

E

ExpertsDirect

Slippery When Wet – When An Unsafe Speed Means You're Livin' On A Prayer

The decision in Mellor-Langham provides another useful application of the Supreme Court's decision in AAI Ltd t/as GIO v Evic.

Australia Litigation

M

McCabes

Torn – Is a disc herniation a non-threshold injury even without radiculopathy?

Australia Litigation

M

McCabes

The Dividing Line – When Are Renovations "Treatment & Care"?

Case confirms requests for major renovations are not considered an "everyday task" and are, therefore not "attendant care services".

Australia Litigation

M

McCabes

Threshold Injuries – Court of Appeal Settles the Skin Injury Debate

Court of Appeal concluded that an injury to the skin is a "soft tissue" injury and, therefore, a "threshold injury".

Australia Litigation

M

McCabes

Exemption applications - My dispute is unsuitable, get me out of here

In recent case the PIC Member made a preliminary finding that the matter was not suitable for assessment by the PIC.

Australia Litigation

M

McCabes

Court finds school's duty of care extends beyond school gate

The extent of duty of care to vulnerable people should be considered by all employers.

Australia Litigation

S

Stacks Law Firm

Is the question of causation a "one size fits all?"

Australia Litigation

M

McCabes

Were you even there? Let's check the geolocation data on your phone, shall we?

Australia Litigation

M

McCabes

Revisiting the medical and non-medical tests for causation

Australia Litigation

M

McCabes

Workers' compensation claims Queensland - your rights regarding medical treatment

Australia Employment

HP

Hall Payne Lawyers

Mandoukos Sidestepped? Review Panel Selects own Psychiatric Diagnosis

Australia Law Practice

M

McCabes

Case Summary – DZY (a pseudonym) v Trustees of the Christian Brothers [2025] HCA 16

Australia Litigation

CO

Carroll & O'Dea

Case Summary: Fazldeen v State of New South Wales [2025] NSWDC – The critical importance of substantiating claims with robust evidence

Australia Litigation

CO

Carroll & O'Dea

Vicarious liability revisited

Australia Litigation

M

McCabes

Case summary: AAI Limited t/as AAMI v Shoyeb [2025] NSWPICMP 122 – when is treatment ‘reasonable and necessary' in a motor vehicle accident claim? A claimant's perspective

Australia Litigation

CO

Carroll & O'Dea

The Causation Equation Revisited

Australia Litigation

M

McCabes

Navigating public liability claims in NSW

Australia Litigation

HP

Hall Payne Lawyers

Review panel sidesteps the post hoc ergo Propter Hoc fallacy

Australia Litigation

M

McCabes

Case summary by Carroll & O'Dea Lawyers: Akgun v Stockland Property Management Pty Ltd and Anor [2024] NSWDC 253 – a slip and fall accident in a shopping centre

Australia Litigation

CO

Carroll & O'Dea

Understanding estoppel in workers compensation claims

Australia Employment

BP

Bartier Perry

Key trends shaping the Australian casualty space: what to expect in 2025

Australia Litigation

K

Kennedys

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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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