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.

Claimant convicted of negligent driving causing death denied statutory benefits

Recent decision suggests that statutory benefits may be denied only after a charge is laid, not from the accident date.

Australia Litigation

M

McCabes

"I comforted him and then I watched him die." Was the driver to blame for the police officer's PTSD? Which case won?

Discusses & analyses recent case where policeman develops PTSD & makes claim for damages.

Australia Litigation

S

Stacks Law Firm

Move to increase psychological injury threshold in NSW workers comp bill defeated

NSW government declared its battle to tighten access to workers compensation is over, after a core element of its workers comp bill was defeated in parliament.

Australia Employment

S

Stacks Law Firm

Landmark $2.4m silicosis award for tunnel worker

Landmark case shows that tribunal can deliver reasonable compensation for the disastrous health effects of workplace exposure to deadly airborne silica.

Australia Litigation

S

Stacks Law Firm

Case Review (MAIA): Murphy V Madill

Australia Litigation

RL

Roche Legal

Irani V Insurance Australia Limited T/as NRMA Insurance [2025] NSWPICMP 832 – Pet Care And Statutory Benefits, Review Panel Confirms Dog-related Expenses Are Not "Treatment And Care"

Australia Litigation

CO

Carroll & O'Dea

Look Up From Your Phone! Pedestrian's Contributory Negligence Measured At 100%

Australia Litigation

M

McCabes

Appealing to reason – $1.9m reduction in damages by SA Court of Appeal

Australia Litigation

B

Barry Nilsson

Case Review (MAIA): Bauer V Clay

Australia Litigation

RL

Roche Legal

Defining the scope of a threshold psychiatric dispute

Australia Litigation

M

McCabes

2025 Review: Motor vehicle accident judgments

Australia Litigation

RL

Roche Legal

Who Let The Dog Out?

Australia Litigation

B

Barry Nilsson

Homsi V Homsi: Key Considerations For Plaintiff Lawyers

Australia Litigation

P

Polaris Lawyers

One Common Law, One Standard: Significant Damages Award In Historic Queensland Abuse Case

Australia Litigation

B

Barry Nilsson

Novation Of Contract In Australia

Australia Commercial

SL

Stonegate Legal

Michael Byrnes discusses the Westpac WFH case on 2SM with Tim Webster

Australia Employment

S

Swaab

Essential ESG: Episode 26 – Insights From The 2025 UN Forum On Business And Human Rights

Australia Environment

CC

Corrs Chambers Westgarth

AI is now a WHS issue in NSW. Are employers ready?

Australia Employment

CG

Clifford Gouldson Lawyers

New English Requirements For Visas

Australia Immigration

IL

Interstaff Immigration Agency

Extending the limitation period in medical negligence cases - a subjective approach

The decision is instructive of a court's approach to interpreting discoverability in extension of limitation period applications.

Australia Litigation

B

Barry Nilsson

Five FAQs For Your Medical Negligence Claim In New South Wales

This article addresses five frequently asked questions regarding medical negligence compensation claims in NSW.

Australia Litigation

CO

Carroll & O'Dea

Frivolous & vexatious medical assessment dismissed

S54 Personal Injury Commission Act provides that PIC proceedings may be dismissed if they are frivolous & vexatious & otherwise misconceived. Recent case example.

Australia Litigation

M

McCabes

Five Key Questions Answered About Your Legal Costs In Personal Injury Claims In New South Wales

Understanding the legal costs involved in a personal injury claim can help you can make informed decisions when pursuing compensation.

Australia Litigation

CO

Carroll & O'Dea

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

Australia Litigation

M

McCabes

Costs In VCAT Proceedings

Australia Litigation

K

Kennedys

Supreme Court Finds that Pet Care is an Attendant Care Service

Australia Litigation

M

McCabes

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

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

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

Recent personal injury decision highlights a potential legislative anomaly.

Australia Litigation

M

McCabes

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

Laws marks an important milestone in the ongoing discussions about the future of the workers compensation system in New South Wales.

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

The Court has provided clarity on when a cause of action in negligence accrues for claims of pure economic loss.

Australia Litigation

K

Kennedys

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

Under the MAIA, only treatment & care expenses are recoverable. Pet care does not qualify as either Attendant Care Services or Rehabilitation so is not recoverable.

Australia Litigation

M

McCabes

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

Australia Insurance

CO

Carroll & O'Dea

"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

In Allianz v Moore [2025], the Commission held that only psychological impairments exceeding 10% WPI qualify for common law damages.

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: 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

Injury sustained on bus not sustained in a "Motor Accident"

Australia Litigation

M

McCabes

Suppression of a clinician's identity: a comparison between the United Kingdom and Australia

Australia Litigation

B

Barry Nilsson

Reasoning about reasonableness: High Court clarifies the compensatory principle

Australia Litigation

B

Barry Nilsson

Local council not liable for injuries to child who fell from cliff

Australia Litigation

B

Barry Nilsson

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

Australia Litigation

CO

Carroll & O'Dea

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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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