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ARTICLE · 08 OCTOBER 2007

Wilkie v Motor Accidents Authority & Ors

The NSW Supreme Court handed down its Decision in Wilkie v Motor Accidents Authority on 4 October 2007.

AustraliaInsurance

In Brief

  • A party wishing to challenge the Proper Officer’s decision to allow a Further Assessment pursuant to s 62 should bring its administrative law challenge before the further assessment takes place.
  • A party wishing to challenge a MAS assessment should utilize the review procedure in s 63 before proceeding to the Supreme Court.
  • The Proper Officer is not required to give reasons for a decision allowing an Application for Further Assessment pursuant to s 62.
  • Section 62 does not limit "additional relevant information" to information showing a deterioration in the Claimant’s condition; the section also contemplates information evidencing an improvement.

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