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  • Article

    Claim Lacking Substance Dismissed

    PIC Member reviewed evidence relevant for economic loss and determined that the claim was lacking in substance.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Great 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 & Arbitration
    McCabes
    McCabes
  • Article

    Redundancy payments and early termination payments should not be included in PAWE

    The 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 HR
    McCabes
    McCabes
  • Article

    Can 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 & Arbitration
    McCabes
    McCabes
  • Article

    What 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 & Arbitration
    McCabes
    McCabes
  • Article

    Expert evidence required to explain risk of hypoglycaemic episode

    Discusses recent insurance case where claimant's accident was caused by a medical episode.
    AustraliaInsurance
    McCabes
    McCabes
  • Article

    NSW introduces religious vilification laws

    Amendment to prohibit vilification on the basis of religious belief, affiliation or activity.
    AustraliaGovernment, Public Sector
    McCabes
    McCabes
  • Article

    Traumatic brain injury or just psychological injury?

    The Review Panel determined the only injuries the Claimant sustained are soft tissue injuries.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    What 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 & Arbitration
    McCabes
    McCabes
  • Article

    Claimant fails to discharge onus of proof that they were an earner

    Case 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 HR
    McCabes
    McCabes
  • Article

    Frivolous & vexatious medical assessment dismissed

    S54 Personal Injury Commission Act provides that PIC proceedings may be dismissed if they are frivolous & vexatious & otherwise misconceived. Recent case example.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Insurers not bound by threshold injury admissions

    Recent decision is important for both insurers & claimants.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Is 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 & Arbitration
    McCabes
    McCabes
  • Article

    Claimant's duty to co-operate with the insurer is mandatory

    Recent decision makes it clear that the section 6.24 obligation to co-operate with the Insurer is mandatory.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Mental harm and statutory benefits

    A claimant who suffers mental harm may claim both damages & statutory benefits, provided they meet certain requirements.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    When 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.
    AustraliaTransport
    McCabes
    McCabes
  • Article

    Victoria Moves To Enshrine The Right To Work From Home

    Victorian 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 HR
    McCabes
    McCabes
  • Article

    When 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 & Arbitration
    McCabes
    McCabes
  • Article

    Spinal nerve root injury? Show me the (radicular) signs!

    Provisions relating to physical threshold injuries must be read together.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Revisiting the medical and non-medical tests for causation

    The test of causation in involves both medical and factual questions. Recent personal injury case discussed.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes

Showing 21–40 of 180 results

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