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  1. In it for life – plaintiff bound to Insurance Scheme

    3 December 2020 | Insurance & Health Law
    Tags CTP

    A plaintiff who was a participant to the National Injury Insurance Scheme (Queensland) Act 2016 was prohibited from receiving an award of damages for gratuitous care after withdrawing his preservation notice which protected his rights. In Issue Whether a...

  2. Court of Appeal delivers head-on decision in head-on collision case

    23 November 2020 | Insurance & Health Law

    A head-on collision occurred on a straight road with 1 lane in each direction. The driver of each vehicle brought a claim against the other alleging they were at fault for the accident. Both vehicles were insured by the same CTP insurer. Following a...

  3. CTP.Files | March 2020

    10 March 2020 | Insurance & Health Law

    Welcome to the first edition of CTP.Files for 2020! Claims farming remains a hot issue for this year. For those playing at home, ‘claims farming’ refers to cold calls made to people who have been involved in an accident, encouraging them to...

  4. Court of appeal upholds duty of care owed to police officer as a first responder to accident

    10 March 2020 | Insurance & Health Law
    Tags CTP

    On 17 February 2013 Mr Williams was killed in a single vehicle accident in Queensland when he collided with a tree (the accident). Mr Caffrey (the plaintiff), a senior constable with the Queensland Police Service, was on duty and attended the scene prior...

  5. Queensland Claims Farming Legislation in Force from 5 December 2019

    6 March 2020 | Insurance & Health Law

    The Motor Accident Insurance and Other Legislation Act 2019 received royal assent on 5 December 2019. From that date, significant reforms aimed at stopping claims farming schemes came into effect in Queensland. These reforms created additional practical...

  6. Inconsistent evidence results in judgment for the Nominal Defendant

    3 March 2020 | Insurance & Health Law

    A plaintiff who alleged he was struck by a vehicle gave inconsistent evidence about the circumstances of the incident, the mechanism of injury, and his ongoing impairment, thereby failing to establish breach and causation. In Issue Whether the...

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