The first time the 2013 CTP regime is judicially considered in SA9 June 2022 | Insurance & Health Law
In 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.
Tasmanian general damages trailing behind the mainland no longer!7 June 2022 | Insurance & Health Law
In this decision the Tasmanian Supreme Court has taken a big step towards bringing awards for general damages into line with other Australian jurisdictions, changing the quantum landscape for Tasmanian CTP claims. In Issue The court’s considerations...
Statutory Benefits and Single Vehicle Motor Accidents in NSW7 June 2022 | Insurance & Health Law
The definition of “motor accident” under the 2017 CTP scheme is identical to the 1999 CTP scheme. Section 1.4 of the Motor Accident Injuries Act 2017 (NSW) (MAIA) and Section 3 of the Motor Accidents Compensation Act 1999 (NSW) (MACA) both...
Should the driver of a vehicle be held liable for the actions of a passenger in the vehicle?7 June 2022 | Insurance & Health Law
An Uber driver was liable in negligence when his passenger opened his car door into a bike lane causing an accident with a passing cyclist. In Issue The quantum of damages was agreed between the parties on the first day of trial, the predominant issues...
Oh the pain! The true cost of pain management for CTP claims in Australia6 June 2022 | Insurance & Health Law
The costs for management of chronic pain in Australia are expected to rise in real terms. In 2019, Deloitte conducted a study that estimated the costs of pain management would rise from $139.3 billion (2018) to $215.6 billion in 20501. There are many...
When past aged care costs meet causation in CTP22 November 2021 | Insurance & Health Law
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...