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  1. The big ticket changes in the new Motor Accident Injuries Act 2017

    21 March 2018 | Insurance & Health Law

    The Motor Accident Injuries Act 2017 (MAIA) sets up an entirely new system for claims relating to persons injured in motor vehicle accidents in NSW, differing in many respects from the previous Motor Accidents Compensation Act (MACA). It establishes a...

  2. When is a road a road?

    21 March 2018 | Insurance & Health Law

    Not every car accident occurs on a public street, highway or road. In South Australia “road” and “road-related area” are defined by section 5(1) of the Motor Vehicles Act 1959 (SA) (“the Act”) as follows: road means an.

  3. Accident investigations: is there a role for reconstruction evidence?

    21 March 2018 | Insurance & Health Law

    Independent expert accident investigation and reconstruction evidence can be very influential to the determination of and/or apportionment of liability. Below we examine Eicas v Dawson [2016] SASCFC 124 where the trial judge’s decision to reduce the

  4. Does a driver always owe their passengers a duty of care?

    14 June 2017 | Insurance & Health Law

    The answer is no; as demonstrated in the recent Queensland Supreme Court decision of Captain v Wosomo & Anor [1]. The decision dealt with tragic circumstances involving a plaintiff (who was 14 years old at the time) who suffered catastrophic head...

  5. What actions will constitute the 'driving' of a motor vehicle?

    8 June 2017 | Insurance & Health Law

    'Driving' The concept of 'driving' has been considered in a number of previous cases from the various CTP jurisdictions throughout Australia. The High Court decision of Insurance Commission of Western Australia v Container Handlers Pty Ltd

  6. Can a participant in the NSW Lifetime Care and Support Scheme 'withdraw' from the Scheme?

    30 May 2017 | Insurance & Health Law

    An issue which has arisen recently in practice, is whether or not a participant in the NSW Lifetime Care and Support Scheme (whether interim or permanent) can elect to 'withdraw' from the Scheme and refuse services provided by the Scheme, and...

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