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The first time the 2013 CTP regime is judicially considered in SA
9 June 2022 | Insurance & Health LawIn spite of being introduced in 2013, changes to Civil Liability Act 1936 for CTP claims had not been judicially considered until this matter proceeded to in the District Court in 2021.
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When past aged care costs meet causation in CTP
22 November 2021 | Insurance & Health LawThe 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...
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Pleading involvement in a claims-farming scheme - where there is no law against it…
20 February 2020 | Insurance & Health LawIn 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...
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Calculating financial dependency damages in wrongful death (dependency) claims
26 June 2019 | Insurance & Health LawIn a decision of the NSW Court of Appeal in Norris v Routley; Routley v Norris [2016] NSWCA 367 (“Norris”),the Court was asked to consider an alternative to the dependency percentages set out in Table 9.1 of Professor Luntz’s work,...
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CTP Scheme in South Australia opened up to competition
24 June 2019 | Insurance & Health LawAs of 1 July 2019, SA motorists will be able to select their CTP insurer on renewal of their motor vehicle registration. CTP insurers will be able to compete on price (within a premium range set by the CTP Regulator). Since 1 July 2016, four...
