ARTICLE · 20 DECEMBER 2024

Personal Injury Commission Not An All-Terrain Forum

McCabes

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Pout v Shipway reminds us not all personal injury claims are suitable for assessment by the Personal Injury Commission.

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In Brief

Section 7.34(1)(b) of the Motor Accident Injuries Act 2017 and cl 99 of the Personal Injury Commission Rules 2021 put in place a mechanism for claims to be exempted from assessment by the Commission on discretionary grounds.
The discretion may be exercised where they are unsuitable for assessment by the Commission.
In general terms, a claim may be unsuitable where it involves complex legal issues and/or where the claim is made against non-CTP parties.

Facts

On 16 February 2024, the Personal Injury Commission (PIC) published its decision in Pout v Shipway [2024] NSWPIC 41.

The claimant was injured in a single vehicle accident on a private property at Gundaroo in the State of New South Wales.

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