This appeal was allowed because fresh evidence came to light after the appeal had been argued but before the decision had been handed down. Nevertheless, the Judges engaged in some useful discussion of the extent to which a Plaintiff must prove causation on the balance of probabilities in a case involving a "loss of chance" claim.

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

Where a claimant has suffered injuries in multiple accidents and there is significant overlap between the losses caused by the various accidents, the damages should be calculated on an overall basis and then apportioned between the various tortfeasors and/or pre-existing conditions.

Nominal Defendant v Saleh A court must give due consideration to each parties’ evidence and not dismiss it off hand.

A Review Panel has jurisdiction under s 63 to consider all aspects of the original assessment, not just the material error asserted by the Applicant.

On 12 November 2008 the “Civil Liability Legislation Amendment Act” 2008 was proclaimed and will operate to amend the Civil Liability Act 2002 in respect of gratuitous attendant care services.

The claimant was an infant who was injured in an accident where his mother was reversing out of the driveway of their home and ran over his body. The insurer admitted liability for the accident. The claimant alleged he suffered a traumatic brain injury and an injury to his shoulder. The trial judge did not accept the claimant suffered any traumatic brain injury or impairment which might be productive of financial loss and awarded damages for past out of pockets expenses only.

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

The NSW Court of Appeal has held that a term requiring payment of a specified sum on a particular date is enforceable as a debt due and owing, even in an executory contract of mutual obligations. This is an exception to the general rule that an unpaid vendor can only sue for specific performance or damages.

Any person who suffers injury in a motor vehicle accident through non-tortious negligence may be entitled to damages.

This was an Appeal in relation to the liability of the Scheme to reimburse for past gratuitous attendant care services.

On appeal, the Full Court of the Federal Court of Australia overturned a decision that a trade union was a competent administrative authority as defined by Article 5 of the Termination of Employment Convention .

An Australian importer sought orders from the Federal Court of Australia to compel a Dutch exporter to comply with the contract between them.

Legislative changes aim to improve the availability and transparency of flood insurance.

An insurance assessor may award for future economic loss even where the claimant has not presently suffered loss.

Cheater caught: Court of Appeal sets aside settlement where claimant hid previous claim and exaggerated injuries

The Principal Claims Assessor has recently provided an insight into her construction of some of the critical provisions contained in the October 2008 amendments to the Motor Accidents Compensation Act 1999.

Where the Insurer rejects an explanation for delay and does not "accept liability under the claim" the Insurer is arguably not bound by the result of a General Assessment irrespective of the outcome of the Special Assessment of the late claim dispute.

The decision confirms the principle set out in Voli v Inglewood Shire Council (1962) 110 CLR 74, namely, that a person who negligently manufactures goods or builds a defective structure is liable in negligence if a consumer or user in reasonable contemplation suffers reasonably foreseeable personal injury in consequence.

The Court of Appeal confirmed that where a worker received damages from a tort feasor other than his employer, the worker was required to repay the employer the full amount of compensation previously paid by the employer and its insurer.