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Snapshot

  • The decision of the NSW Court of Appeal in Axiak v Ingram [2012] NSWCA 311, effectively created a no fault scheme for pedestrians involved in motor vehicle accidents in NSW
  • Despite the high number of pedestrian accidents assessed each year, there has been little further judicial consideration of the Blameless Motor Accident Provisions in Division 1 of Part 1.2 of the Motor Accidents Compensation Act (MACA)
  • Further judicial consideration of the rights of pedestrians to sue, and be sued, will likely challenge the established principles

The decision of the NSW Court of Appeal in Axiak v Ingram [2012] NSWCA 311, in effect created a no fault scheme for pedestrians involved in motor vehicle accidents in New South Wales. On 15 March 2013, an Application for Special Leave to Appeal to the High Court was refused.

Despite there being a high number of pedestrian accidents assessed before the Claims Assessment and Resolution Service and heard in the courts each year, there has been little further judicial consideration of the Blameless Motor Accident Provisions in Division 1 of Part 1.2 of the Motor Accidents Compensation Act (MACA).

There has also been no further legislative consideration of these Provisions since the proposed reforms to the Motor Accidents Scheme under the Motor Accident Injuries Amended Bill 2013 which would have completely eliminated the effect of the decision of the Court of Appeal in Axiak.

While there remain many uncertainties in relation to how the provisions will be applied to pedestrians post Axiak, some guidance can be found in the recent decision of Davis v Swift [2013] NSWDC 99. There is scope for a finding in an appropriate case that a pedestrian is at fault.

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