Prior to 3 March 2011, a tracked vehicle was not a "motor vehicle" under the Motor Accidents Compensation Act 1999.

Comcare is not liable to pay compensation for expenses incurred travelling to and from medical appointments if the length of the journey made (including the return part of the journey) is less than 50 kilometres.

The importance for insurers to conduct factual investigations and obtain accounts of the accident from all available witnesses.

A claims assessor denies the parties procedural fairness by taking into account his or her own research into an issue without giving the parties an opportunity to consider the information obtained and adduce evidence and/or make submissions.

The claimant was employed as a bus driver. He was injured on 13 October 2002 while lifting a heavy luggage compartment door of a trailer to a bus. He brought proceedings in the District Court against the registered owner of the bus, which was a separate but related legal entity to his employer.

The Dust Diseases Tribunal of New South Wales was asked to assess damages in respect to a claim arising out of the condition of mesothelioma.

A party to proceedings in the Workers Compensation Commission (WCC) requires leave in order to cross-examine a witness.

Prior to the passage of the Motor Accidents Compensation Act 1999, all questions in disputed cases for claims for personal and non-economic damages resulting from motor vehicle accidents were decided by the courts.

The opportunities for successfully challenging a CARS Assessment remain limited. The insurer sought to set aside the CARS decision of Assessor Cowley.

A discussion of the Davis v Moss case and its decision on Section 110 Notice's validity.

Legislative changes make SMSFs more appealing.

The Supreme Court handed down its decision in <i>QBE Insurance (Australia) Limited v Peter Cowan</i> [2010] NSWSC 933 on 24 August 2010.

The reasonable care condition of a public liability policy can only be relied upon by an insurer where there is a deliberate course of action or inaction which theinsured realises exposes him to the risk of someone being injured by the danger which has been recognised by him.

In this short and succinct decision the Court of Appeal refused to overturn the trial judge's findings in favour of the plaintiff, who suffered injury after having to push a loaded trolley up a ramp to a cellar door at a hotel.

the Court was asked to consider whether a licensed club could be liable for an assault on a patron which occurred outside the club's premises.

The duty of care owed by a driver being pursued by a police officer continues even if at some point the police officer's conduct becomes unreasonable. It is foreseeable that in the context of a pursuit a police officer might make an error of judgment in initiating or continuing a pursuit.

This case provides a warning to insurers and their legal advisers about lodging appeals without reasonable prospects of success.

An award for damages is not to fulfil ideal requirements for an injured person, but rather the reasonable requirements.

In damages, true income takes precedence over disclosed income for the purposes of income tax.

Discusses a Queensland case which considered the issue of extensions to statutory limitation perios.