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ARTICLE · 17 DECEMBER 2025

Frivolous & vexatious medical assessment dismissed

McCabes
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S54 Personal Injury Commission Act provides that PIC proceedings may be dismissed if they are frivolous & vexatious & otherwise misconceived. Recent case example.

AustraliaLitigation, Mediation & Arbitration
Peter Hunt
Peter Hunt
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In Brief

  • Section 54 of the Personal Injury Commission Act 2020 provides that PIC proceedings - including medical assessments - may be dismissed if they are frivolous and vexatious and otherwise misconceived.
  • Proceedings which have no potential to impact the Claimant's entitlements are frivolous and vexatious should be dismissed.
  • Proceedings, which cannot affect the Claimant's entitlements, cannot be maintained for an ulterior purpose.

Facts

The Personal Injury Commission (PIC) published its decision in Contarino v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPIC 636 on 12 December 2025.

The Claimant was injured on 8 February 2024 when he was rear-ended whilst stationary at a set of lights.

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