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  1. 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...

  2. 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...

  3. 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...

  4. 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...

  5. Pleading involvement in a claims-farming scheme - where there is no law against it…

    20 February 2020 | Insurance & Health Law
    Tags CTP

    In a decision before a District Court Master, an SA CTP insurer made an application to amend the Defence to plead that the plaintiff participated in a “claims farming scheme”. The definition of the “claims farming scheme” used at...

  6. Calling for Reform – MAIA: ‘Simplification, Clarification and not Complication’

    7 February 2020 | Insurance & Health Law
    Tags CTP

    The Motor Accident Injuries Act 2017 (MAIA) came into force on 1 December 2017 and it has recently hit its second year anniversary. One would have thought that the dust has settled after two years in operation. To the contrary, its application in various...

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