ArticleMcCabes in the media: Key considerations for boards when considering a saleBoard requirements when considering the sale of a company.AustraliaCorporate/Commercial LawMcCabes
ArticleReview panel wrong-footed by wingfootNSW Supreme Court overturned a motor accident decision due to lack of reasoning and procedural fairness.AustraliaGovernment, Public SectorMcCabes
ArticleRemovalist services are not an "everyday task"Recent decision provides example of a service which is not an "everyday task" as required by the definition of "attendant care service".AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleSharpen your pencil – care required in defining the scope of medical disputesRecent case made it clear that the Commission will look beyond the application & reply forms lodged by the parties in order to ascertain the scope of the dispute. AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleWhen is a finding of 100% contributory negligence justified in a single vehicle accident?PIC held that single-vehicle drivers are only wholly at fault in the worst cases - in recent case speeding made the claimant mostly at fault. Discusses this case.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleClaimant convicted of negligent driving causing death denied statutory benefitsRecent decision suggests that statutory benefits may be denied only after a charge is laid, not from the accident date.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleHow most At Fault disputes are assessed when the insured is not at faultClaimant loses benefits >52 weeks if mostly at fault, with negligence judged by how far their driving fell below the required standard when the insured wasn't at fault.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleMost at fault? Can't get no (reasonable) satisfaction...In recent case insurer failed to prove the claimant was mostly at fault in a lane merge crash, so statutory benefits continued.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleSlippery when wet – driver's speeding means they're mostly at faultA claimant is not entitled to ongoing statutory benefits if they are wholly or mostly at fault for their accident. Recent case example.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleWalkies! When are dog walking services "treatment & care"?Recent decision shows that 'care of domestic pets' falls within "attendant care services".AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleThe commission has no power to pre-approve treatmentRecent case confirms that the Commission has no power to, effectively, provide pre-approval for a future treatment regime.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleDefining the scope of a threshold psychiatric disputeA threshold psychological injury dispute turns on whether an accident caused a DSM-V recognised psychiatric illness.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleReview panel finds rotator cuff tear sustained during treatment is a non-threshold injuryA treatment-related rotator cuff tear was ruled a non-threshold injury linked to a motor accident, as it wasn't caused by gross negligence.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleAssessing relative culpability in multi-vehicle accidentsA claimant is not entitled to ongoing statutory benefits, beyond 52 weeks, if their contributory negligence exceeds 61%.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticlePointless physiotherapy found not reasonable and necessaryClaimant was not be entitled to statutory benefits for treatment & care where it was not reasonable & necessary &/or not related to the injuries sustained in the motor accident.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleWhen stepping out, look out!The decision in Ford-Gunatilake provides a useful example of how to assess relative culpability.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleAbawi applied - Injury to skin a threshold injuryA claimant is not entitled to ongoing statutory benefits or common law damages if the only injuries they sustain in a motor accident are threshold injuries.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleExtension to annular tear found to be non-thresholdA claimant is not entitled to ongoing statutory benefits and/or common law damages if their motor accident only causes them threshold injuries.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleBicyclist found wholly at faultPIC held cyclist wholly at fault for a collision with a car, finding his contributory negligence was 100% - disentitling him to ongoing statutory benefits.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleGreat Scott! Where does surgery fit on the injury continuum?The decision in Bridgefoot adds to the collection of somewhat conflicting Review Panel decisions on this issue.AustraliaLitigation, Mediation & ArbitrationMcCabes