Negligence, precautions and risk of harm
Recent Court of Appeal decision confirms that strict principles apply when determining whether a defendant’s conduct was negligent and whether the conduct caused the plaintiff’s…
By Rita Yousef - 2 min read
Federal diversity jurisdiction: Administrative or judicial power?
Recent judicial and Personal Injury Commission decisions examines Federal diversity jurisdiction and whether the Commission exercises judicial or administrative power when determining disputes.Snapshot A number…
By Michelle Riordan - 3 min read
Updates to the Motor Accident Injuries Act 2017
From 1 April 2023, changes to definition of minor injury, statutory benefits scheme and damages claims came into effect under the Motor Accident Injuries Amendment…
By David Weng and Rita Yousef - 1 min read
Vale Geraldine Daley AM
The Injury Compensation Committee of the Law Society was deeply saddened to learn of the death of Geraldine Daley AM on 30 April 2022.The Injury…
By Tim Concannon - 2 min read
Motor Accident Injuries Act 2017: Review and recommendations
The Statutory Review of the Motor Accident Injuries Act 2017 made 73 recommendations which focus on scheme design, interpretation and revision of key performance indicators.Snapshot…
By Rita Yousef and David Weng - 1 min read
An introduction to the new Personal Injury Commission
Introducing the new Personal Injury Commission commencing operation in March 2021.Snapshot The Personal Injury Commission Act 2020 (NSW) was assented to on 11 August 2020…
By Judge Gerard Phillips - 3 min read
Costs in the Motor Accident Injuries Scheme: Common law costs
The second in a two-part series on costs regulation in the Motor Accident Injuries Scheme.Snapshot The costs provisions in the Motor Accident Injuries Scheme are…
By Belinda Cassidy - 3 min read
Costs in the Motor Accident Injuries Scheme: Statutory benefit claims
The first in a two-part series on costs regulation in the Motor Accident Injuries Scheme.Snapshot The MAI Act introduces the concept of ‘monetary units’ and…
By Belinda Cassidy - 2 min read
High Court soothes holiday disappointment in Moore v Scenic Tours
The keenly anticipated High Court decision in Moore v Scenic Tours Pty Ltd clarifies that mere injured feelings are not personal injury. Snapshot In Moore…
By Christopher Croese - 2 min read
The aftermath of death under the Motor Accident Injuries Act
An overview of the benefits and compensation for deaths or injury caused in a motor accident under the Motor Accident Injuries Act (NSW).Snapshot The Motor…
By Belinda Cassidy - 2 min read
Can the High Court heal the wounds of a bad holiday?
The case that’s set to provide much needed clarity on the scope of ‘injury’, ‘personal injury damages’ and ‘non-economic loss’ in the Civil Liability Act….
By Christopher Croese - 3 min read