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  • Article

    Consequential surgery is not "an injury" in the absence of harm

    Recent personal injury decision highlights a potential legislative anomaly.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    ASX Compliance Update July 2025: ASX improves transparency in the wake of James Hardie AZEK merger backlash

    ASX's updated policy will require disclosure by the company when the waiver is granted.
    AustraliaCorporate/Commercial Law
    McCabes
    McCabes
  • Article

    High Court restricts proportionate liability for statutory contraventions

    The decision considered proportionate liability in the context of proved contraventions of various statutory provisions.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Slippery 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 & Arbitration
    McCabes
    McCabes
  • Article

    Threshold injury found not to apply to public transport accidents

    Injuries on public bus networks are assessed under MACA, not MAIA, allowing damages even for threshold injuries.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    The Causation Equation Revisited

    Panel accepted the motor accident was the cause of the Claimant's increased back pain.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Threshold Injuries – Costal Cartilage Facture Conjecture

    An above-threshold physical injury can be crystallised at the time of surgery.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Bird strike - Driver left with nobody to sue

    Recent 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 & Arbitration
    McCabes
    McCabes
  • Article

    Injury 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 & Arbitration
    McCabes
    McCabes
  • Article

    Fair Work Commission 2025 Annual Wage Review 3 June, 2025

    FWC 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 HR
    McCabes
    McCabes
  • Article

    Personal injury litigation - Material contribution revisited

    The onus is on the Claimant to demonstrate that the motor accident made a more than negligible contribution to their injuries.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Two 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 injury
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    How 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 & Arbitration
    McCabes
    McCabes
  • Article

    NSW regulates WHS risks arising from Digital Work Systems

    NSW has become the first state or territory in Australia to regulate digital work systems in WHS laws.
    AustraliaEmployment and HR
    McCabes
    McCabes
  • Article

    Crowd funding – risks you need to know about

    ASIC has released a media release to provide guidance to crowd funding promoters, when raising funds for start-ups.
    AustraliaFinance and Banking
    McCabes
    McCabes
  • Article

    When 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 & Arbitration
    McCabes
    McCabes
  • Article

    Serious driving offences – claimant injured during psychotic episode entitled to statutory benefits

    Recent decision clarifies the circumstances under which a claimant, charged with a "serious driving offence", will have their entitlement to statutory benefits restored.
    AustraliaCriminal Law
    McCabes
    McCabes
  • Article

    Threshold injury principles in action

    Interesting recent personal injury case outlined & discussed.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Look 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 & Arbitration
    McCabes
    McCabes
  • Article

    Shouldering the Onus of Proving a Non-Threshold Injury

    The onus is on the Claimant to demonstrate that the accident caused non-threshold injuries.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes

Showing 41–60 of 180 results

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