Calculating financial dependency damages in wrongful death (dependency) claims26 June 2019 | Insurance & Health Law
In a decision of the NSW Court of Appeal in Norris v Routley; Routley v Norris  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,...
Imperfect plaintiff found credible: Spencer v Downie and Anor  QSC 9825 June 2019 | Insurance & Health Law
On 21 February 2013, the first defendant, Noel Downie, was travelling in his truck (prime mover with trailer) along the Burnett Highway. The plaintiff, Chris Spencer, was on a Yamaha motorbike travelling behind the truck. The plaintiff’s version was...
CTP Scheme in South Australia opened up to competition24 June 2019 | Insurance & Health Law
As 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...
Queensland Supreme Court sanctions record settlement24 June 2019 | Insurance & Health Law
On 24 January 2014 Chrys Barker suffered catastrophic injures in a motor vehicle accident on Pumicestone Road near Donnybrook, Queensland. The accident occurred on a sweeping-right hand bend in a 100km/h zone when Craig Jones lost control of his Toyota...
Queensland Introduces Bill to Block ‘Insidious’ Claim Farming Practice24 June 2019 | Insurance & Health Law
The Queensland Government expressed an intention in July last year to stamp out this “insidious” practice. To this end, on 14 June 2019, the Motor Accident Insurance and Other Legislation Amendment Bill 2019 (the Bill) was introduced to the...
Crime does not pay – criminal offence defeats CTP claim for damages24 June 2019 | Insurance & Health Law
The District Court of NSW found that there is no duty of care owed to an injured person claiming damages in circumstances where that person was found to have committed a serious criminal offence. Alternatively, a finding of substantial contributory...