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ARTICLE · 09 MARCH 2026

Extension to annular tear found to be non-threshold

McCabes
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A claimant is not entitled to ongoing statutory benefits and/or common law damages if their motor accident only causes them threshold injuries.

AustraliaLitigation, Mediation & Arbitration
Peter Hunt
Peter Hunt
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In Brief

  • A claimant is not entitled to ongoing statutory benefits and/or common law damages if their motor accident only causes them threshold injuries.
  • Section 1.6(1) of the Motor Accident Injuries Act 2017 (MAIA) says that a threshold physical injury is a "soft tissue injury".
  • Section 1.6(2) of MAIA defines what is and what is not a "soft tissue injury" and says, inter alia, that a complete or partial rupture of cartilage is not a "soft tissue injury".
  • An accident-related extension to an annular tear constitutes a non-threshold injury because it involves a partial rupture of cartilage.

Facts

The Personal Injury Commission (PIC) published its decision in Jung v Allianz Australia Insurance Limited [2026] NSWPICMP 128 on 6 March 2026.

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AustraliaLitigation, Mediation & Arbitration
Stonegate Legal
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