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ARTICLE · 19 NOVEMBER 2012

Exemption Certificates: Consideration of Section 81 Notices post Gudelj

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A CTP insurer can partially admit liability after a deemed denial pursuant to the Motor Accidents Compensation Act 1999.

AustraliaInsurance
Peter Hunt
Peter Hunt
Laura D'Alessandri
Laura D'Alessandri

Smalley v Motor Accidents Authority of New South Wales, unreported

Judgment date: 2 November 2012

Jurisdiction: Supreme Court1

In Brief

  • A CTP insurer is able to partially admit liability after having deemed to wholly deny liability pursuant to s 81(3) of the Motor Accidents Compensation Act 1999 (the Act).That is, s 81(4) does not limit the insurer to admitting liability in an unqualified form following a deemed denial.
  • A Section 81 Notice which denies liability for the claim but admits fault on the part ofthe Insured does not trigger a mandatory exemption and may not itself qualify the claimant for an exemption certificate on discretionary grounds.

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