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  • Article

    McCabes in the media: Key considerations for boards when considering a sale

    Board requirements when considering the sale of a company.
    AustraliaCorporate/Commercial Law
    McCabes
    McCabes
  • Article

    Review panel wrong-footed by wingfoot

    NSW Supreme Court overturned a motor accident decision due to lack of reasoning and procedural fairness.
    AustraliaGovernment, Public Sector
    McCabes
    McCabes
  • Article

    Removalist 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 & Arbitration
    McCabes
    McCabes
  • Article

    Sharpen your pencil – care required in defining the scope of medical disputes

    Recent 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 & Arbitration
    McCabes
    McCabes
  • Article

    When 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 & Arbitration
    McCabes
    McCabes
  • Article

    Claimant convicted of negligent driving causing death denied statutory benefits

    Recent decision suggests that statutory benefits may be denied only after a charge is laid, not from the accident date.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    How most At Fault disputes are assessed when the insured is not at fault

    Claimant 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 & Arbitration
    McCabes
    McCabes
  • Article

    Most 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 & Arbitration
    McCabes
    McCabes
  • Article

    Slippery when wet – driver's speeding means they're mostly at fault

    A claimant is not entitled to ongoing statutory benefits if they are wholly or mostly at fault for their accident. Recent case example.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Walkies! When are dog walking services "treatment & care"?

    Recent decision shows that 'care of domestic pets' falls within "attendant care services".
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    The commission has no power to pre-approve treatment

    Recent case confirms that the Commission has no power to, effectively, provide pre-approval for a future treatment regime.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Defining the scope of a threshold psychiatric dispute

    A threshold psychological injury dispute turns on whether an accident caused a DSM-V recognised psychiatric illness.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Review panel finds rotator cuff tear sustained during treatment is a non-threshold injury

    A 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 & Arbitration
    McCabes
    McCabes
  • Article

    Assessing relative culpability in multi-vehicle accidents

    A claimant is not entitled to ongoing statutory benefits, beyond 52 weeks, if their contributory negligence exceeds 61%.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Pointless physiotherapy found not reasonable and necessary

    Claimant 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 & Arbitration
    McCabes
    McCabes
  • Article

    When stepping out, look out!

    The decision in Ford-Gunatilake provides a useful example of how to assess relative culpability.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Abawi applied - Injury to skin a threshold injury

    A 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 & Arbitration
    McCabes
    McCabes
  • Article

    Extension to annular tear found to be non-threshold

    A claimant is not entitled to ongoing statutory benefits and/or common law damages if their motor accident only causes them threshold injuries.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Bicyclist found wholly at fault

    PIC 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 & Arbitration
    McCabes
    McCabes
  • Article

    Great 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 & Arbitration
    McCabes
    McCabes

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