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  1. One accident, two claims – who was at fault?

    22 May 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 driver alleging they were at fault for the accident. Both vehicles were insured by the same CTP insurer. The matter...

  2. 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...

  3. 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...

  4. High Court overturns controversial finding against 17 year old tetraplegic

    18 September 2019 | Insurance & Health Law

    The High Court has overturned a decision that an unlicensed teenager was driving a vehicle when he sustained catastrophic injuries, finding that it had been proved on the balance of probabilities that his father was the driver at the time of the...

  5. Speeding motorcyclist’s damages reduced by 80% for contributory negligence

    2 September 2019 | Insurance & Health Law

    The plaintiff, Mr Swan, sought damages for personal injuries after the motor cycle he was riding collided with the defendant’s motor vehicle. The accident occurred when the defendant attempted to turn right into a commercial driveway and collided...

  6. U-turn, U lose: CTP claim fails due to inconsistencies in plaintiff’s evidence over passage of time

    8 May 2019 | Insurance & Health Law

    Following a three day trial in the District Court at Townsville, Coker DCJ found that a woman who was involved in a collision whilst performing a legal u-turn was not entitled to damages for her injuries because the accident was wholly a result of her own...

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