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  • Article

    Breaking the Causal Chain

    Case show the Claimant's main concern of distress was not the accident but the subsequent events that followed.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Does Surgery Transform a Below-Threshold Injury into an Above-Threshold Injury?

    Medical Review Panel was satisfied that the surgery in this particular case involved " damage by way of tearing.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    How to assess a brain injury

    Recent case gives example of how a head injury should be assessed via a methodical application of the Motor Accident Guidelines & the AMA 4 Guides.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Supreme Court holds owner drivers are subject to most at fault provisions

    Owner drivers involved in a single vehicle accident are not entitled to ongoing statutory benefits beyond 52 weeks if they are at fault.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    The document exists, but I won't let you see it! Confidentiality claims during discovery

    Discovery is a key phase in most litigation and often one of the most important.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    The Mysterious Case of the Additional Lumbar Vertebra

    The decision in Verscio v IAG provides a useful reminder that, sometimes, all is not as it seems at first blush.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Being assertive comes at a price – IP Australia fee hike

    IP asset holders across Australia should all be readily aware of the key changes as they come into effect.
    AustraliaIntellectual Property
    McCabes
    McCabes
  • Article

    Recent developments that tighten the noose around copyright infringers

    A bill enables copyright owners to apply for court orders to disable access to copyright infringing overseas websites,
    AustraliaIntellectual Property
    McCabes
    McCabes
  • Article

    Evic Applied – Assessing Contributory Negligence in Single Vehicle Accidents

    Assessing relative culpability is an inappropriate way of assessing contributory negligence in single vehicle accident.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Can treatment & care be found on the Uber App?

    The cost of private transport for an injured child to school may be covered under "treatment and care".
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Slipping-up on the facts (again) – Macari v Snack Brands Foods Pty Ltd [2024] NSWCA 282

    Plaintiff bears the onus of establishing the precise cause of an accident which may befall them.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Revisions to ASX Guidance Note 1 (Applying for Admission)

    Proposed revisions to Guidance Note 1 Applying for Admission – ASX Listings (GN1).
    AustraliaCorporate/Commercial Law
    McCabes
    McCabes
  • Article

    Fair Work Commission Introduces Proposed Working From Home Term For The Clerks Award

    After almost two years of consultation, research and hearings, the Fair Work Commission (“the Commission“) has handed down its decision in Variation on the Commission’s own initiative – Clerks – Private Sector Award 2020 [2026] FWCFB 225 (“the Decision“), proposing the introduction of a dedicated working from home (“WFH“) term into the Clerks Award.
    AustraliaEmployment and HR
    McCabes
    McCabes
  • Article

    "Earner's" Earnings Disputed

    Member found that the Claimant failed to provide sufficient evidence to establish "earner" status under the MAIA.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Threshold Injuries – the Importance of Clinical Expertise

    Radiological findings may be incidental – and unrelated to an accident – particularly for claimants above a certain age.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Were you even there? Let's check the geolocation data on your phone, shall we?

    A claimant can be compelled to provide information that enables an Insurer to obtain digital evidence, such as geolocation data.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Reviewing the (narrow) role of the review panel

    Discusses recent case where court ruled that Medical Assessors only assess impairment, while courts decide if events qualify as a "motor accident."
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Extended Application of MACA to State Authority Buses

    It remains unclear whether public buses operated by private bus companies remain public transport.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Draft Guidelines for Merger Assessment: ACCC Calls for Public Comment

    Guidelines are intended to detail the general principles of the ACCC's approach in evaluating mergers under the law.
    AustraliaCorporate/Commercial Law
    McCabes
    McCabes
  • Article

    Personal Injury Commission Not An All-Terrain Forum

    Pout v Shipway reminds us not all personal injury claims are suitable for assessment by the Personal Injury Commission.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes

Showing 101–120 of 180 results

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