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ARTICLE · 17 NOVEMBER 2011

Gratuitous Care in the Lifetime Care Scheme

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The Scheme may recover costs of future gratuitous care claims from the CTP insurer by increasing the Fund levy.

AustraliaInsurance
Dean Newell
Dean Newell
Philip Evangelou
Philip Evangelou
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Why this case is important?

  • Lifetime Care and Support Scheme (the Scheme) participants are entitled to past Griffiths v Kerkemeyer (G v K) gratuitous care up to the date of judgment (or settlement)
  • damages for gratuitous services are not available to a participant after the date of judgment or settlement
  • the Scheme is responsible for all future attendant care services and including those provided on a gratuitous basis, if so claimed. The Scheme may seek recovery of the costs of such services from the CTP insurer by increasing the Fund levy.

Facts

Mr Thiering suffered catastrophic injuries following a motor vehicle accident on 28 October 2007 which left him a quadriplegic.

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