ArticleConsequential surgery is not "an injury" in the absence of harmRecent personal injury decision highlights a potential legislative anomaly.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleASX Compliance Update July 2025: ASX improves transparency in the wake of James Hardie AZEK merger backlashASX's updated policy will require disclosure by the company when the waiver is granted.AustraliaCorporate/Commercial LawMcCabes
ArticleHigh Court restricts proportionate liability for statutory contraventionsThe decision considered proportionate liability in the context of proved contraventions of various statutory provisions.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleSlippery When Wet – When An Unsafe Speed Means You're Livin' On A Prayer The decision in Mellor-Langham provides another useful application of the Supreme Court's decision in AAI Ltd t/as GIO v Evic.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleThreshold injury found not to apply to public transport accidentsInjuries on public bus networks are assessed under MACA, not MAIA, allowing damages even for threshold injuries.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleThe Causation Equation RevisitedPanel accepted the motor accident was the cause of the Claimant's increased back pain.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleThreshold Injuries – Costal Cartilage Facture ConjectureAn above-threshold physical injury can be crystallised at the time of surgery.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleBird strike - Driver left with nobody to sueRecent case held that properly parked cars aren't "in use" for liability & drivers can't claim no-fault damages if their own actions contributed to the crash.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleInjury sustained on bus not sustained in a "Motor Accident"To constitute a "motor accident" there must be both a temporal connection & a causal connection between the injury & use or operation of the motor vehicle.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleFair Work Commission 2025 Annual Wage Review 3 June, 2025FWC announced a 3.5% rise in all modern award rates and the National Minimum Wage which will come into effect from 1 July 2025.AustraliaEmployment and HRMcCabes
ArticlePersonal injury litigation - Material contribution revisitedThe onus is on the Claimant to demonstrate that the motor accident made a more than negligible contribution to their injuries.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleTwo car accidents, nine days apart, but did either cause a psychological injury?Review Panel determined the two motor vehicle accidents did not cause, contribute or exacerbate any psychological injuryAustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleHow is relative culpability assessed when one party disobeys the road rules?In recent case Insured was partially at fault because he should have anticipated that a road user might disobey the road rules & modify their driving accordingly.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleNSW regulates WHS risks arising from Digital Work SystemsNSW has become the first state or territory in Australia to regulate digital work systems in WHS laws.AustraliaEmployment and HRMcCabes
ArticleCrowd funding – risks you need to know aboutASIC has released a media release to provide guidance to crowd funding promoters, when raising funds for start-ups.AustraliaFinance and BankingMcCabes
ArticleWhen must the claimant demonstrate a non-threshold injury? The Review Panel in Merhi concluded that the threshold injury dispute must be resolved by a PIC Medical Assessor.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleSerious driving offences – claimant injured during psychotic episode entitled to statutory benefitsRecent decision clarifies the circumstances under which a claimant, charged with a "serious driving offence", will have their entitlement to statutory benefits restored.AustraliaCriminal LawMcCabes
ArticleThreshold injury principles in action Interesting recent personal injury case outlined & discussed.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleLook Up From Your Phone! Pedestrian's Contributory Negligence Measured At 100%The decision in Kojic provides another instructive example of how most-at-fault disputes are resolved post the Supreme Court's decision in AAI Limited t/as GIO v Evic [2024] NSWSC 1272.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleShouldering the Onus of Proving a Non-Threshold InjuryThe onus is on the Claimant to demonstrate that the accident caused non-threshold injuries.AustraliaLitigation, Mediation & ArbitrationMcCabes