ARTICLE · 11 MAY 2025

The Dividing Line – When Are Renovations "Treatment & Care"?

McCabes

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Case confirms requests for major renovations are not considered an "everyday task" and are, therefore not "attendant care services".

AustraliaLitigation, Mediation & Arbitration

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In Brief

Extensive renovations to a Claimant's house are not an "attendant care service" because they are not an "everyday task".
Extensive renovations can, however, constitute "home and travel modification", within the definition of "treatment and care" in s 1.4 of the Motor Accident Injuries Act 2017 (MAIA) provided the renovations assist the Claimant to address injuries sustained in their motor accident.

Facts

The Personal Injury Commission (PIC) published its decision in Ellis v AAI Limited t/as GIO [2025] NSWPIC 162 on 2 May 2025.

The Claimant sustained PTSD in a motor accident on 29 September 2023, causing her to become ostracised from friends and to suffer mobility issues due to weight loss and social isolation.

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