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ARTICLE · 14 MAY 2025

What's up, pussy cat? Is pet care a treatment expense?

Recent case clarifies that pet care can constitute an "attendant care service" & therefore can be considered "treatment & care".

AustraliaLitigation, Mediation & Arbitration

In Brief

  • Pet care can constitute an "attendant care service" within the meaning of section 1.4 of the Motor Accident Injuries Act 2017 (MAIA) because caring for a pet is a domestic service of an everyday nature.
  • Care of animals kept as a hobby or as part of a commercial operation, however, may fall into a different category.

Facts

The Personal Injury Commission (PIC) published its decision in Chowdhury v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPIC 167 on 9 May 2025.

The Claimant was involved in a motor accident on 11 November 2024. He sustained a fractured right ankle and a left wrist injury.

The Claimant subsequently sought to recover the cost of caring for his three cats as a treatment expense within the statutory benefits regime in Part 3.4 of MAIA. The care included feeding the cats, changing the litter tray and filling the cats' water bowl.

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