Insights Insights
  1. You damaged my Ferrari — I want a replacement Ferrari

    14 December 2021 | Insurance & Health Law

    HCA confirms the head of damages to be relied upon in cases of damages relating to the costs of replacement vehicles as loss of enjoyment/loss of amenity rather than the plaintiff’s “need” for the car. In issue Whether a motor vehicle...

  2. When past aged care costs meet causation in CTP

    22 November 2021 | Insurance & Health Law
    Tags CTP

    The 98 year old applicant was injured in an MVA and as a result was placed in residential aged care. In a case stated, the Court considered whether (and when) the applicant would have required residential aged care in any event, in a situation where the lion’s share of the applicant’s damages...

  3. Personal Injury Commission - Pitfalls for Insurers and Claimants

    22 November 2021 | Insurance & Health Law
    Tags CTP

    The NSW government’s press release described the creation of the PIC as, “A new one stop shop Personal Injury Commission to simplify the dispute resolution system for injured workers and road users”. However, it seems that there are many instances where the process is now more complex and...

  4. Significant CTP Cases of 2021: NSW and ACT

    22 November 2021 | Insurance & Health Law
    Tags CTP

    In 2021 there were several interesting CTP cases in the NSW and ACT jurisdictions and here four are selected covering procedure, negligence, contributory negligence, and causation. The case of Wahhab v Insurance Australia highlighted the importance of...

  5. The court considers reasonable and appropriate rehabilitation services under the MAIA

    22 November 2021 | Insurance & Health Law
    Tags CTP

    On 28 June 2018, Mr McIntyre (first applicant) and his wife, Ms Ho (second applicant), were involved in a high-speed head on motor vehicle accident (the accident). The applicants both sustained severe and multiple injuries. Their sons were also injured in...

  6. Plaintiff successfully sues insurer for accident caused by stolen vehicle, despite credibility issues

    22 November 2021 | Insurance & Health Law
    Tags CTP

    A plaintiff succeeded in a claim against the insurer for personal injuries sustained in a motor vehicle accident caused by a stolen vehicle, notwithstanding credibility issues. Background The plaintiff suffered injuries to his lower back and right...

Load More

Need assistance?

Submit an enquiry online and we will be in touch as soon as possible, or call one of our national offices directly.