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.

Pointless physiotherapy found not reasonable and necessary

Claimant was not be entitled to statutory benefits for treatment & care where it was not reasonable & necessary &/or not related to the injuries sustained in the motor accident.

Australia Litigation

M

McCabes

Assessing relative culpability in multi-vehicle accidents

A claimant is not entitled to ongoing statutory benefits, beyond 52 weeks, if their contributory negligence exceeds 61%.

Australia Litigation

M

McCabes

Novel duty of care: principles and analysis

The case provides clear confirmation of the principles applied in determining whether a duty of care exists and establishing negligence.

Australia Litigation

BN

Barry Nilsson

"There is but one common law in Australia": the broader impacts of Greenall v Amaca Pty Ltd

This decision illustrates the need to consider not only awards made in comparable claims around the rest of the country, but jury verdicts and defamation cases when assessing the quantum of common law general damages in a personal injury claim.

Australia Litigation

BN

Barry Nilsson

Threshold injury found not to apply to public transport accidents

Australia Litigation

M

McCabes

Extension to annular tear found to be non-threshold

Australia Litigation

M

McCabes

Mind The Gap: Inside NSW's Escalating Impairment Thresholds For Workplace Psychological Injury Claims

Australia Litigation

HW

Holman Webb Lawyers

AA v The Trustees Of The Roman Catholic Church For The Diocese Of Maitland-Newcastle [2026] HCA 2

Australia Litigation

KG

K&L Gates LLP

Twist of fate: a painful lesson in liability - Mammoliti v Oriental Massage Burwood Pty Ltd

Australia Litigation

BN

Barry Nilsson

High Court Appeal (Judgment): AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle ABN 79469343054 – Case S94/2025

Australia Employment

CO

Carroll & O'Dea

Disclosure of social media and hiking footage ordered in personal injury claim

Australia Litigation

BN

Barry Nilsson

Child awarded damages after unsecured café table causes serious injury

Australia Litigation

BN

Barry Nilsson

Serious driving offences – claimant injured during psychotic episode entitled to statutory benefits

Australia Criminal

M

McCabes

Contributory negligence: How a worker's secret back injury cost him his case

Australia Litigation

BN

Barry Nilsson

Inside IR Podcast Series - Episode 30 Psychosocial Health In Times Of Workplace Change (Video)

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

ESSENTIAL ESG SPECIAL EDITION - Responsible AI Governance: Emerging Legal Risks And Regulatory Trends

Australia Technology

CC

Corrs Chambers Westgarth

Removal from WhatsApp groups used for rostering can amount to dismissal

Australia About Mondaq

GC

Gilchrist Connell

How Psychosocial Safety Now Sits At The Heart Of Workforce Change

Australia Employment

IL

Ius Laboris

Cross Examining Cyber EP23: Cross Examining Professor Ciaran Martin – Part 2 (Podcast)

Australia Technology

KL

Herbert Smith Freehills Kramer LLP

Navigating Dual-benefit Scenarios And Section 46 In Workers Comp – Learnings From Freeth v Volvo Group Australia Pty Ltd [2025] NSWPICPD 78

In Freeth v Volvo Group Australia Pty Ltd [2025] NSWPICPD 78, the President dismissed a worker's appeal and confirmed that section 46 of the Workers Compensation Act 1987 (NSW) will operate to reduce concurrent weekly...

Australia Litigation

HW

Holman Webb Lawyers

No Worker, No Case: Important PIC Decision On Jurisdictional Powers – Key Lessons From ASF Australia Pty Ltd v Icare Workers Insurance [2025] NSWPIC 604

In the financial year ended June 2024 SafeWork Australia reported nationwide there were over 30,209 workers compensation claims lodged by construction workers.

Australia Litigation

HW

Holman Webb Lawyers

Spinal nerve root injury? Show me the (radicular) signs!

Provisions relating to physical threshold injuries must be read together.

Australia Litigation

M

McCabes

Case Review (PIPA): Harris v Evans Built Pty Ltd

This case summary examines when courts will extend limitation periods based on late disclosure of decisive contractual documents

Australia Litigation

RL

Roche Legal

Insurance Australia Limited t/as NRMA Insurance v Chowdhury [2025] NSWSC 1392 – Pet care can be compensated under the MAIA scheme

Australia Litigation

CO

Carroll & O'Dea

Sharpen your pencil – care required in defining the scope of medical disputes

Australia Litigation

M

McCabes

Case Review (MAIA): Lundbergs V Fu

Australia Litigation

RL

Roche Legal

Claimant convicted of negligent driving causing death denied statutory benefits

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?

Australia Litigation

S

Stacks Law Firm

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

Australia Employment

S

Stacks Law Firm

Landmark $2.4m silicosis award for tunnel worker

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

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

ASD and pre-existing psychiatric conditions do not preclude capacity findings where past functioning is demonstrated.

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"

Decision confirms that costs associated with pet care, such as dog walking and washing, do not fall within the statutory definition of "treatment and care".

Australia Litigation

CO

Carroll & O'Dea

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

The decision in Kojic provides another instructive example of how most-at-fault disputes are resolved post the Supreme Court's decision in AAI Limited t/as GIO v Evic [2024] NSWSC 1272.

Australia Litigation

M

McCabes

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

Australia Litigation

BN

Barry Nilsson

Homsi V Homsi: Key Considerations For Plaintiff Lawyers

This article aims to highlight key aspects of these cases, particularly in light of the Victorian Supreme Court decision in Homsi v Homsi.

Australia Litigation

P

Polaris Lawyers

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

The decision reinforces that there is but one common law of Australia.

Australia Litigation

BN

Barry Nilsson

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

BN

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

Australia Litigation

M

McCabes

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

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

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

BN

Barry Nilsson

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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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