Australia: Personal Injury

E-bikes and e-scooters are transforming urban transport in Australia, but what happens when accidents occur? This article examines the complex compensation challenges facing injured riders and pedestrians, revealing significant gaps in insurance coverage and exploring recent legislative changes that may leave victims without the protections available in traditional motor vehicle accidents.

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.

Insurance companies routinely monitor social media platforms during personal injury claims, and posts can significantly impact case outcomes. Understanding how online activity affects credibility, disability assessments, and compensation entitlements is crucial for claimants navigating the legal process.

A Review Panel decision examines whether worsening symptoms of pre-existing radiculopathy following a motor vehicle accident constitute a non-threshold injury under NSW motor accident injury regulations. The case explores the medical and legal distinction between new injuries and aggravations of existing conditions when determining injury classification.

PFAS contamination litigation is evolving through distinct waves, from environmental property damage claims to consumer-manufacturer disputes and emerging personal injury actions. As scientific evidence mounts and regulatory scrutiny intensifies, Australian courts face a potential flood of claims mirroring the billions in settlements already paid in the United States, with manufacturers, governments, and corporations throughout the supply chain confronting unprecedented legal exposure.

The High Court of Australia has handed down judgment in the much-anticipated decision of CSL Australia Pty Ltd v Tasmanian Ports Corporation Pty Ltd [2026] HCA 15 (The Goliath). It has unanimously dismissed CSL Australia Pty Ltd’s appeal. As such, under Australian law, a shipowner cannot limit its liability for wreck removal expenses under the Convention on Limitation of Liability for Maritime Claims 1976.

In this recent decision, the New South Wales District Court held that the Federation Council owed and breached a duty of care despite contracting operations to a third party, awarding damages of $165,000 to the plaintiff and enforcing indemnity obligations requiring Remlap to indemnify the Federation Council for the plaintiff’s claim.

The Queensland Supreme Court has found that that a school did not breach the duty of care owed to an employee by failing to eject an aggrieved parent, by failing to activate a lockdown or by failing to forewarn the employee via telephone of the parent’s presence.