Australia: Personal Injury

In Masters v Mitchell Shire Council (No 2) [2026] VSC 598, the plaintiff sought damages in the Supreme Court of Victoria for injuries sustained when his motorcycle crashed on a curve along Reedy Creek Road in Tyaak on 25 December 2022.

An Uber driver assaulted during a road-rage incident at a pedestrian crossing has been denied compensation under NSW motor accident legislation. The Personal Injury Commission ruled that while the driver was technically still driving when punched through his window, the injury resulted from a deliberate criminal act rather than the use or operation of a motor vehicle, establishing important precedent for distinguishing between injuries occurring while driving versus those caused by driving.

A Victorian tribunal found a coordinating doctor guilty of professional misconduct after an administrative error in the voluntary assisted dying process led to a patient signing their written declaration without required witnesses present. The case examines the heightened responsibility practitioners face when managing VAD documentation and the disciplinary consequences of failing to ensure strict compliance with procedural safeguards, even when errors are unintentional.

Psychometric testing has become an increasingly common component of personal injury claims involving psychological injuries. This standardized assessment method uses structured questions...

This episode examines a Magistrates Court workplace injury case where an executive housekeeper at Daydream Island Resort claimed shoulder damage from pulling a hotel room door shut against wind. The discussion explores how inconsistencies in the plaintiff's evidence—including an unreported 'Dirty Dancing' lift injury five months prior—influenced the court's assessment of causation and foreseeability in this personal injury claim.

The NSW Supreme Court has clarified the definition of 'injury' under the Motor Accident Injuries Act 2017, examining whether surgical removal of bone necessitated by accident-related injuries constitutes a separate bodily injury. The case explores the distinction between therapeutic intent and physical consequences when determining injury classification for compensation purposes.

Workplace injuries can occur in any industry and may entitle you to workers compensation benefits. Understanding what qualifies as a workplace injury, the types of compensation available, and the critical steps to take immediately after an incident can protect your entitlements and support your recovery.

A recent Personal Injury Commission decision examines when surveillance footage can be admitted in psychiatric injury claims, potentially lowering the threshold for insurers to introduce evidence that may not fully capture the complex, fluctuating nature of psychological impairment. The ruling raises important questions about how claimants should document their limitations and whether ordinary daily activities will increasingly be characterized as inconsistencies warranting surveillance admission.

The plaintiff, a former resident at Nazareth House, sued the Sisters of Nazareth (the defendant) for damages relating to allegations of historical sexual, physical and psychological abuse said to have occurred during her placement at Nazareth House