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ARTICLE · 18 OCTOBER 2010

Challenging MAS Assessments

The objective of MAS is to determine whether a claimant's injuries arising from an accident exceed a threshold which would entitle them to damages for non-economic loss. Their determinations have a significant impact to the rights of the claimant and insurer. It is important that such determinations are correct in accordance with the law.

AustraliaInsurance

Credits

Final compilation and analysis by: Gerry Tzortzatos

Building on Curwoods Case Notes by: Cherilyn Ribbons, Jennifer Casperson, Nathan Morehead

With valuable assistance from: Andrew Gorman , Peter Hunt, Ian Jones, Belinda Wightley, Jodi Norton, Philippe Paquet, Vanessa Jason, Laurinda Wellings, Andrew Parker

CONTENTS

PART 1

BACKGROUND

PARTY REFERRAL FOR FURTHER ASSESSMENT SECTION 62(1)(a)

In Brief

Case Examples

Wilkie v Motor Accidents Authority of New South Wales and Anor [2007] NSWSC

Transport Accident Commission of Victoria v Motor Accidents Authority of New South Wales & Ors [2009] NSWSC 940

Garcia v Motor Accidents Authority of New South Wales [2009] NSWSC 1056

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