Australia: Personal Injury

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

New Personal Injury Notice of Claim Forms Now in Force

This article breaks down what's changed, why it matters, and what you need to do if you're preparing to lodge a claim.

Australia Litigation

RL

Roche Legal

Reviewing the (narrow) role of the review panel

Discusses recent case where court ruled that Medical Assessors only assess impairment, while courts decide if events qualify as a "motor accident."

Australia Litigation

M

McCabes

When is a finding of 100% contributory negligence justified in a single vehicle accident?

PIC held that single-vehicle drivers are only wholly at fault in the worst cases - in recent case speeding made the claimant mostly at fault. Discusses this case.

Australia Litigation

M

McCabes

Phothisenh v AAI Limited t/as AAMI [2025] NSWPIC 338 – private school transport recognised as "treatment and care" under the MAIA

Claim for school transport may fall within the statutory definition of "treatment and care" under section 1.4 of the MAIA.

Australia Litigation

CO

Carroll & O'Dea

Claiming Damages After Missing the 6-Month WorkCover Deadline

Australia Litigation

RL

Roche Legal

Bicyclist found wholly at fault

Australia Litigation

M

McCabes

Case summary: Ioannidis v Carretero [2025] NSWDC 258 – Dog attacks, psychological harm, and the limits of statutory compensation under the Companion Animals Act 1998 (NSW)

Australia Litigation

CO

Carroll & O'Dea

Case summary: Chowdhury v Insurance Australia Ltd t/as NRMA Insurance [2025] NSWPIC 167 – can pet care be a treatment expense after a motor vehicle accident?

Australia Litigation

CO

Carroll & O'Dea

O'Toole V BlueCare: When Personal Injury Claims Meet The Deadline Dilemma

Australia Litigation

B

Barry Nilsson

Can injury sustained during consequential treatment be a "non-threshold" injury?

Australia Litigation

M

McCabes

Civil Claim Secures Justice For Grieving Son Of Dwayne Johnstone Who Was Fatally Shot In Prison

Australia Litigation

OC

O'Brien Criminal & Civil Solicitors

Case summary: Allianz Australia Insurance Limited v Yangzom [2025] NSWCA 104 – pain, injury and the limits of medical review under the Motor Accident Injuries Act 2017 (NSW)

Australia Litigation

CO

Carroll & O'Dea

What factors are relevant to whether treatment is reasonable & necessary?

Australia Litigation

M

McCabes

Double dismissal: Full Court of the Federal Court of Australia rejects appeal and cross-appeal in Ruby Princess class action

Australia Litigation

B

Barry Nilsson

Inside IR Podcast Series - Episode 29 Gender-based Undervaluation And Its Impact On Modern Award Rates Of Pay (Video)

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

It depends – Should my superannuation death benefit be paid to my estate, to be dealt with under my Will?

Australia Family

CG

Cooper Grace Ward

New English Language Requirements For Australian Visas

Australia Immigration

RM

Roam Migration Law

Visa Rules When Changing Employer Sponsors

Australia Immigration

IL

Interstaff Immigration Agency

Dismissal upheld: employee breaches employer's directions while recovering from illness

Australia Employment

CG

Cooper Grace Ward

Review panel finds rotator cuff tear sustained during treatment is a non-threshold injury

A treatment-related rotator cuff tear was ruled a non-threshold injury linked to a motor accident, as it wasn't caused by gross negligence.

Australia Litigation

M

McCabes

Beyond soft tissue: a claimant's victory in establishing a non-threshold lumbar injury in Farsad v QBE Insurance (Australia) Limited [2025] NSWPICMP 311

Crucial guidance on how injuries to spinal discs, often the subject of complex causation arguments can, and should, be correctly recognised as non-threshold injuries.

Australia Litigation

CO

Carroll & O'Dea

Case summary: Nelson v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMP 380 – the burden of proof lies with the claimant – but what does that mean in practice?

Recent decision highlights the difficulty of proving causation for non-threshold injuries, especially with pre-existing conditions.

Australia Litigation

CO

Carroll & O'Dea

Can treatment & care be found on the Uber App?

The cost of private transport for an injured child to school may be covered under "treatment and care".

Australia Litigation

M

McCabes

Case summary: Ellis v AAI Ltd t/as GIO [2025] NSWPIC 162 – when renovations count as treatment and care

Australia Litigation

CO

Carroll & O'Dea

Case Summary: Forrest V QBE Insurance (Australia) Limited [2025] NSWPIC 206 – Dog Walking Is An Attendant Care Service

Australia Litigation

CO

Carroll & O'Dea

Most at fault? Can't get no (reasonable) satisfaction...

Australia Litigation

M

McCabes

Contributory negligence in NSW dependency and mental harm claims

Australia Litigation

CO

Carroll & O'Dea

The commission has no power to pre-approve treatment

Australia Litigation

M

McCabes

Not Foreseeable: Roadside Phone Calls From Accident Scene Not Causative Of Psychiatric Injury

Australia Litigation

B

Barry Nilsson

Case summary: Allianz Australia Insurance Limited v Estate of the Late Summer Abawi [2025] NSWCA 85 – When is a skin injury a ‘threshold injury'? NSW Court of Appeal provides clarity

Australia Litigation

CO

Carroll & O'Dea

Same but different? Liability in statutory benefits versus liability in a claim for damages

Australia Litigation

M

McCabes

Changes coming to NSW workers compensation for psychological injuries

Australia Litigation

S

Stacks Law Firm

TPD benefit paid out five years after initially being denied

Australia Litigation

HP

Hall Payne Lawyers

Case summary: Allianz Australia Insurance Limited v Estate of the Late Summer Abawi [2025] NSWCA 85 – When is a skin injury a ‘threshold injury'? NSW Court of Appeal provides clarity

This case offers important guidance to claimants, insurers, legal practitioners, and medical assessors in interpreting section 1.6 of the MAIA.

Australia Litigation

CO

Carroll & O'Dea

Same but different? Liability in statutory benefits versus liability in a claim for damages

Liability in a statutory benefits claim is assessed differently from in a claim for common law damages. Recent case example.

Australia Litigation

M

McCabes

Changes coming to NSW workers compensation for psychological injuries

The High Court ruled psychological injury is part of a class of physical or personal injury for which damages are recoverable for breach of contract.

Australia Litigation

S

Stacks Law Firm

TPD benefit paid out five years after initially being denied

In recent case a TPD claim that was initially declined was reviewed 5 years later & then accepted.

Australia Litigation

HP

Hall Payne Lawyers

The Hidden Financial Risks of Making a Personal Injury Claim

Australia Litigation

RL

Roche Legal

A long way to fall: Council not liable for another trip and fall incident

A clear factual finding of the height differential - therefore it would appear imperative that accurate measurements are taken.

Australia Litigation

B

Barry Nilsson

Common law claims after a workplace injury in Queensland

A common law claim may provide more comprehensive compensation where a work-related injury has been caused by negligence.

Australia Employment

HP

Hall Payne Lawyers

Husher Up – Company Profits Irrelevant to the Calculation of PAWE

PAWE is assessed purely according to the statutory formulae set out in clause 4 of Schedule 1 to MAIA.

Australia Litigation

M

McCabes

A guide to Independent Medical Examinations (IMEs) in workers' compensation claims Queensland

Understanding IME's is crucial for managing your worker's compensation claim effectively.

Australia Litigation

HP

Hall Payne Lawyers

Walkies! When are dog walking services "treatment & care"?

Australia Litigation

M

McCabes

Your right to sue for personal injury in Queensland

Australia Litigation

HP

Hall Payne Lawyers

Appeals to the Queensland Industrial Relations Commission (QIRC) – 2024

Australia Litigation

RL

Roche Legal

Queensland Supreme & District Court Awards for Personal Injuries in 2024

Australia Litigation

RL

Roche Legal

What Happens If You Experience Psychiatric Injury/psychological Harm Following An Injury To A Loved One? And Can You Claim Compensation?

Australia Litigation

CO

Carroll & O'Dea

Court Allows Evidence From Multiple experts With Same Specialty in Stroke Negligence Case

Australia Litigation

E

ExpertsDirect

Slippery When Wet – When An Unsafe Speed Means You're Livin' On A Prayer

Australia Litigation

M

McCabes

Torn – Is a disc herniation a non-threshold injury even without radiculopathy?

Australia Litigation

M

McCabes

Elisha v Vision Australia Ltd: a High Court landmark decision on psychiatric injuries and employment contracts

Australia Litigation

CO

Carroll & O'Dea

What's up, pussy cat? Is pet care a treatment expense?

Australia Litigation

M

McCabes

Industrial deafness claims In NSW

Australia Employment

HP

Hall Payne Lawyers

Case summary: Saedi v Allianz Australia Insurance Limited [2025] NSWPIC 71 – a claimant perspective on childcare services and statutory benefits

Australia Litigation

CO

Carroll & O'Dea

The Dividing Line – When Are Renovations "Treatment & Care"?

Australia Litigation

M

McCabes

Threshold Injuries – Court of Appeal Settles the Skin Injury Debate

Australia Litigation

M

McCabes

Exemption applications - My dispute is unsuitable, get me out of here

Australia Litigation

M

McCabes

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Latest Videos

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Double dipping: making claims for Total and Permanent Disability (TPD)

RL

Roche Legal

DOWNLOAD: Minor Injury Guide (CTP Insurance)

HW

Holman Webb Lawyers

[Video] 2020 Public liability cases

TS

Travis Schultz & Partners

Legal Lockdown - Episode 3: Personal injury claims

HW

Holman Webb Lawyers

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