ArticleClaim Lacking Substance DismissedPIC Member reviewed evidence relevant for economic loss and determined that the claim was lacking in substance.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleGreat Scott! Where does surgery fit on the injury continuum?The decision in Bridgefoot adds to the collection of somewhat conflicting Review Panel decisions on this issue.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleRedundancy payments and early termination payments should not be included in PAWEThe decision clarifies that "earnings" only refers to income paid for a claimant's work or services, excluding payments for redundancy or lack of notice.AustraliaEmployment and HRMcCabes
ArticleCan injury sustained during consequential treatment be a "non-threshold" injury?A shoulder injury from treatment was linked to the motor accident as a non-threshold injury, but higher court clarity is needed.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleWhat factors are relevant to whether treatment is reasonable & necessary?In recent case the PIC Review Panel ruled the accident materially caused the need for spinal surgery, which was reasonable & necessary.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleExpert evidence required to explain risk of hypoglycaemic episodeDiscusses recent insurance case where claimant's accident was caused by a medical episode.AustraliaInsuranceMcCabes
ArticleNSW introduces religious vilification lawsAmendment to prohibit vilification on the basis of religious belief, affiliation or activity. AustraliaGovernment, Public SectorMcCabes
ArticleTraumatic brain injury or just psychological injury?The Review Panel determined the only injuries the Claimant sustained are soft tissue injuries.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleWhat should you give more weight to; expert evidence or school records?Where a Claimant provides inconsistent history, their evidence to be carefully compared to the contemporaneous evidence.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleClaimant fails to discharge onus of proof that they were an earnerCase study of how a Merit Reviewer will evaluate evidence in order to assess whether a claimant has discharged the onus on them to establish that they are an earner.AustraliaEmployment and HRMcCabes
ArticleFrivolous & vexatious medical assessment dismissedS54 Personal Injury Commission Act provides that PIC proceedings may be dismissed if they are frivolous & vexatious & otherwise misconceived. Recent case example.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleInsurers not bound by threshold injury admissionsRecent decision is important for both insurers & claimants.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleIs anxiety, which leads to urinary urgency, an above-threshold injury?Case shows behavioural outcome does not in itself constitute a recognisable psychological or psychiatric illness.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleClaimant's duty to co-operate with the insurer is mandatoryRecent decision makes it clear that the section 6.24 obligation to co-operate with the Insurer is mandatory.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleMental harm and statutory benefitsA claimant who suffers mental harm may claim both damages & statutory benefits, provided they meet certain requirements.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleWhen is due inquiry & search reasonable?In recent case claimant met her duty under s2.30(2)MAI Act, as she acted reasonably & promptly despite not recording the at-fault vehicle's details.AustraliaTransportMcCabes
ArticleVictoria Moves To Enshrine The Right To Work From HomeVictorian Premier Jacinta Allan has introduced the Equal Opportunity Amendment (Work from Home) Bill 2026, which would create a statutory right for employees to work from home at least two days per week, where it is reasonable to do so.AustraliaEmployment and HRMcCabes
ArticleWhen is treatment "reasonable and necessary"?A claimant may only recover the cost of treatment if it is both "reasonable & necessary" & related to the injuries caused by the accident.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleSpinal nerve root injury? Show me the (radicular) signs!Provisions relating to physical threshold injuries must be read together. AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleRevisiting the medical and non-medical tests for causationThe test of causation in involves both medical and factual questions. Recent personal injury case discussed.AustraliaLitigation, Mediation & ArbitrationMcCabes