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  • Article

    The Mandoukos Principle in Practice – Injury excluded from Medical Dispute

    Elammar provides an important lesson to the parties to a medical dispute before the Personal Injury Commission.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    What's up, pussy cat? Is pet care a treatment expense?

    Recent case clarifies that pet care can constitute an "attendant care service" & therefore can be considered "treatment & care".
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Good faith in statutory derivative actions: Insights from Gillespie v Gillespie (2025)

    NSW Court of Appeal confirms good faith is essential for statutory derivative actions under s237(2)(b) of the Corporations Act 2001.
    AustraliaCorporate/Commercial Law
    McCabes
    McCabes
  • Article

    Avoiding Legal Hangovers: Best Practices for Office Holiday Events

    Employers to understand the risks and responsibilities so that they can protect themselves and their employees.
    AustraliaEmployment and HR
    McCabes
    McCabes
  • Article

    Bullying or Reasonable Management Action – the Stop Bullying Jurisdiction

    Challenges employers face when managing underperforming employees.
    AustraliaEmployment and HR
    McCabes
    McCabes
  • Article

    Gone but not forgotten: The ademption of gifts in deceased estates

    Property subject of a specific gift in a will is sold prior to their death.
    AustraliaFamily and Matrimonial
    McCabes
    McCabes
  • Article

    Continuous disclosure for listed entities - ASX releases final guidance note

    This article focuses on the ASX requirement for immediate identification and disclosure of market sensitive information.
    AustraliaFinance and Banking
    McCabes
    McCabes
  • Article

    Clawing back contributions – Bankrupt Estates: Superannuation Edition

    Prior to declaring bankruptcy, an individual may transfer funds to a regulated superannuation fund.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    McCabes
    McCabes
  • Article

    COVID-19 insolvency protections extended until 31 December 2020

    Summary of the temporary changes introduced to insolvency laws due to the COVID pandemic.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    McCabes
    McCabes
  • Article

    Treating Specialist’s Report Found To Be A Request For Treatment Approval

    In certain circumstances, however, the context of a treating doctor’s report could constitute a request for approval even without a clearly worded covering letter.
    AustraliaInsurance
    McCabes
    McCabes
  • Article

    “Apparent Relevance” – Defining The Legal Test Of Legitimate Forensic Purpose

    The decision in AAI Limited t/as GIO v Williams [2026] NSWPICMP 414 was delivered on 15 June 2026 and published on 26 June 2026.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Is a flare up of pre-existing Crohn's disease a threshold injury?

    The decision in Nelson takes it back to basics.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    PAWE – When do the "Significant Change" provisions apply?

    Cl 4(3) Sch 1 MAI Act only applies where the change in the Claimant's circumstances results in significantly higher earnings on a regular basis.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Understanding PTSD criteria in non-severe accidents

    Recent case clarifies the criteria for diagnosing PTSD.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    The Function of a Medical Assessor is to consider the Medical Question: Allianz Australia Insurance Limited v Bell [2024] NSWSC 1351

    his case highlights that the medical assessor's function is concerned with the medical question.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Same but different? Liability in statutory benefits versus liability in a claim for damages

    Liability in a statutory benefits claim is assessed differently from in a claim for common law damages. Recent case example.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Evic rides again - Driver in single vehicle accident not mostly at fault

    Contributory negligence is assessed by reference to the extent to which the driver's conduct departed from the required standard of care.
    AustraliaInsurance
    McCabes
    McCabes
  • Article

    Review Panel Finds Aggravated Radiculopathy Is A Non-Threshold Injury

    A Review Panel decision examines whether worsening symptoms of pre-existing radiculopathy following a motor vehicle accident constitute a non-threshold injury under NSW motor accident injury regulations. The case explores the medical and legal distinction between new injuries and aggravations of existing conditions when determining injury classification.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Torn – Is a disc herniation a non-threshold injury even without radiculopathy?

    Recent decision demonstrates an injury to a spinal disc can be a non-threshold injury.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Review panel sidesteps the post hoc ergo Propter Hoc fallacy

    Just because the onset of a symptom commences after an accident doesn't mean that the symptom was caused by the accident.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes

Showing 61–80 of 180 results

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