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ARTICLE · 26 SEPTEMBER 2024

Is House Painting an "Everyday Task"?

The decision in BLI v Allianz is critical to understanding what tasks are "everyday tasks" and what are not.

AustraliaReal Estate and Construction

In Brief

  • The definition of "attendant care services" in s 1.4 of the Motor Accident Injuries Act 2017 (MAIA) indicates that attendant care services "aim to provide assistance to people with everyday tasks...".
  • External and internal house painting is not an "attendant care service" because it is not an "everyday task".

Facts

On 23 August 2024, the Personal Injury Commission published its decision in BLI v Allianz Australia Insurance Limited [2024] NSWPIC 436.

The Claimant was involved in a motor vehicle accident on 24 September 2023. He alleged various physical injuries, including to his neck, back, shoulder and hip.

The Claimant alleged that, at the time of his accident, he was planning to paint the exterior of his home. He had taken three weeks off work to complete the task. The Claimant alleged that his physical injuries now prevented him from doing the painting.

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