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.

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

A shoulder injury from treatment was linked to the motor accident as a non-threshold injury, but higher court clarity is needed.

Australia Litigation

M

McCabes

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

Claims involving wrongful death, psychological injury, and institutional negligence.

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)

NSW Court of Appeal ruled that pain alone does not prove injury, upholding a medical assessor's decision in Allianz v Yangzom.

Australia Litigation

CO

Carroll & O'Dea

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

In recent case the PIC Review Panel ruled the accident materially caused the need for spinal surgery, which was 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

Beyond soft tissue: a claimant's victory in establishing a non-threshold lumbar injury in Farsad v QBE Insurance (Australia) Limited [2025] NSWPICMP 311

Australia Litigation

CO

Carroll & O'Dea

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?

Australia Litigation

CO

Carroll & O'Dea

Can treatment & care be found on the Uber App?

Australia Litigation

M

McCabes

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

Australia Litigation

CO

Carroll & O'Dea

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

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

Dismissal upheld: employee breaches employer's directions while recovering from illness

Australia Employment

CG

Cooper Grace Ward

Australian Visa Processing Times And Key Migration Updates

Australia Immigration

IL

Interstaff Immigration Agency

Immigration And Australian Federal Election Campaign Promises

Australia Immigration

IL

Interstaff Immigration Agency

Aboriginal Death in Police Custody Alice Springs

Australia Criminal

OC

O'Brien Criminal & Civil Solicitors

Michael Byrnes appeared on Breakfast with Tim Webster on 2SM on 23 July 2025 to discuss workplace relationships and that Coldplay concert

Australia Employment

S

Swaab

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

Courts take into consideration the particular circumstances of an accident when determining the scope of an at-fault driver's duty of care.

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

This case offers important guidance to claimants, insurers, legal practitioners, and medical assessors in interpreting section 1.6 of the MAIA.

Australia Litigation

CO

Carroll & O'Dea

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

Liability in a statutory benefits claim is assessed differently from in a claim for common law damages. Recent case example.

Australia Litigation

M

McCabes

Changes coming to NSW workers compensation for psychological injuries

The High Court ruled psychological injury is part of a class of physical or personal injury for which damages are recoverable for breach of contract.

Australia Litigation

S

Stacks Law Firm

TPD benefit paid out five years after initially being denied

Australia Litigation

HP

Hall Payne Lawyers

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

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

Australia Litigation

CO

Carroll & O'Dea

Res Ipsa Loquitor argument is no lay down misère

Australia Litigation

M

McCabes

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

Australia Litigation

M

McCabes

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

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

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

A common law claim may provide more comprehensive compensation where a work-related injury has been caused by negligence.

Australia Employment

HP

Hall Payne Lawyers

Husher Up – Company Profits Irrelevant to the Calculation of PAWE

PAWE is assessed purely according to the statutory formulae set out in clause 4 of Schedule 1 to MAIA.

Australia Litigation

M

McCabes

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

Understanding IME's is crucial for managing your worker's compensation claim effectively.

Australia Litigation

HP

Hall Payne Lawyers

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

Australia Litigation

M

McCabes

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?

Recent decision demonstrates an injury to a spinal disc can be a non-threshold injury.

Australia Litigation

M

McCabes

Elisha v Vision Australia Ltd: a High Court landmark decision on psychiatric injuries and employment contracts

Reshaping of legal landscape for employers, especially concerning psychiatric injuries arising from breaches of employment contracts.

Australia Litigation

CO

Carroll & O'Dea

What's up, pussy cat? Is pet care a treatment expense?

Australia Litigation

M

McCabes

Industrial deafness claims In NSW

Australia Employment

HP

Hall Payne Lawyers

Case summary: Saedi v Allianz Australia Insurance Limited [2025] NSWPIC 71 – a claimant perspective on childcare services and statutory benefits

Australia Litigation

CO

Carroll & O'Dea

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

Australia Litigation

M

McCabes

Threshold Injuries – Court of Appeal Settles the Skin Injury Debate

Australia Litigation

M

McCabes

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

Australia Litigation

M

McCabes

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

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

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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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