ArticleThe Mandoukos Principle in Practice – Injury excluded from Medical DisputeElammar provides an important lesson to the parties to a medical dispute before the Personal Injury Commission.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleWhat'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 & ArbitrationMcCabes
ArticleGood 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 LawMcCabes
ArticleAvoiding Legal Hangovers: Best Practices for Office Holiday EventsEmployers to understand the risks and responsibilities so that they can protect themselves and their employees.AustraliaEmployment and HRMcCabes
ArticleBullying or Reasonable Management Action – the Stop Bullying JurisdictionChallenges employers face when managing underperforming employees.AustraliaEmployment and HRMcCabes
ArticleGone but not forgotten: The ademption of gifts in deceased estatesProperty subject of a specific gift in a will is sold prior to their death.AustraliaFamily and MatrimonialMcCabes
ArticleContinuous disclosure for listed entities - ASX releases final guidance noteThis article focuses on the ASX requirement for immediate identification and disclosure of market sensitive information.AustraliaFinance and BankingMcCabes
ArticleClawing back contributions – Bankrupt Estates: Superannuation Edition Prior to declaring bankruptcy, an individual may transfer funds to a regulated superannuation fund.AustraliaInsolvency/Bankruptcy/Re-StructuringMcCabes
ArticleCOVID-19 insolvency protections extended until 31 December 2020Summary of the temporary changes introduced to insolvency laws due to the COVID pandemic. AustraliaInsolvency/Bankruptcy/Re-StructuringMcCabes
ArticleTreating Specialist’s Report Found To Be A Request For Treatment ApprovalIn certain circumstances, however, the context of a treating doctor’s report could constitute a request for approval even without a clearly worded covering letter.AustraliaInsuranceMcCabes
Article“Apparent Relevance” – Defining The Legal Test Of Legitimate Forensic PurposeThe 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 & ArbitrationMcCabes
ArticleIs a flare up of pre-existing Crohn's disease a threshold injury?The decision in Nelson takes it back to basics.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticlePAWE – 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 & ArbitrationMcCabes
ArticleUnderstanding PTSD criteria in non-severe accidentsRecent case clarifies the criteria for diagnosing PTSD.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleThe Function of a Medical Assessor is to consider the Medical Question: Allianz Australia Insurance Limited v Bell [2024] NSWSC 1351his case highlights that the medical assessor's function is concerned with the medical question.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleSame but different? Liability in statutory benefits versus liability in a claim for damagesLiability in a statutory benefits claim is assessed differently from in a claim for common law damages. Recent case example.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleEvic rides again - Driver in single vehicle accident not mostly at faultContributory negligence is assessed by reference to the extent to which the driver's conduct departed from the required standard of care.AustraliaInsuranceMcCabes
ArticleReview Panel Finds Aggravated Radiculopathy Is A Non-Threshold InjuryA 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 & ArbitrationMcCabes
ArticleTorn – 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 & ArbitrationMcCabes
ArticleReview panel sidesteps the post hoc ergo Propter Hoc fallacyJust because the onset of a symptom commences after an accident doesn't mean that the symptom was caused by the accident.AustraliaLitigation, Mediation & ArbitrationMcCabes