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.

Who ruled the dogs out? Review panel finds pet care is not "treatment or care"

Under the MAIA, only treatment & care expenses are recoverable. Pet care does not qualify as either Attendant Care Services or Rehabilitation so is not recoverable.

Australia Litigation

M

McCabes

The "pre-existing condition" dilemma in travel insurance claims

Examine a case study on whether a known medical condition—whose severity was unknown at the time of purchase—is excluded under a travel insurance policy.

Australia Insurance

CO

Carroll & O'Dea

Bird strike - Driver left with nobody to sue

Recent case held that properly parked cars aren't "in use" for liability & drivers can't claim no-fault damages if their own actions contributed to the crash.

Australia Litigation

M

McCabes

Claim farming soon to be prohibited in South Australia

It will also be prohibited to provide or receive a benefit in exchange for a 'claim referral'.

Australia Litigation

B

Barry Nilsson

Palmer v Allianz Australia Insurance Limited [2025] NSWPIC 440; (28 August 2025) – assessing reasonableness in due inquiry and search

Australia Litigation

CO

Carroll & O'Dea

Claimant's duty to co-operate with the insurer is mandatory

Australia Litigation

M

McCabes

"I Know What I'm Worth" – Why That's Rarely True In Queensland Injury Claims

Australia Litigation

RL

Roche Legal

Liebert V Allianz Australia Insurance Limited [2025] NSWPIC 458 – Clarifying The Definition Of "Motor Accident"

Australia Litigation

CO

Carroll & O'Dea

Allianz Australia Insurance Limited v Bell [2025] NSWCA 187 – Court of Appeal clarifies Review Panel's role in psychological injury claims

Australia Litigation

CO

Carroll & O'Dea

Allianz Australia Insurance Limited v Moore [2025] NSWPICMP 557 – when pre-existing psychological injuries affect whole person impairment

Australia Litigation

CO

Carroll & O'Dea

How is relative culpability assessed when one party disobeys the road rules?

Australia Litigation

M

McCabes

When (and how) obesity can be a compensable injury in NSW workers compensation — and what that means for WPI

Australia Employment

CO

Carroll & O'Dea

Supreme Court Of NSW Allows Limitations Defence And Refuses Extension Of Time Application

Australia Litigation

B

Barry Nilsson

Abawi applied - Injury to skin a threshold injury

Australia Litigation

M

McCabes

UPCOMING WEBINAR: Spotting The Red Flags: Early Warnings Of Financial Distress

Australia Insolvency

FC

FTI Consulting

Inside Safety Podcast Series - Episode 3, Part 1 - Director's Duties

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Cause And Consequence: Show Cause Letters In The Landscape Of The Workplace

Australia Employment

BP

Bartier Perry

It's Not All Zoom And Gloom: Balancing An Employee's 'Right To Privacy'

Australia Privacy

GC

Gilchrist Connell

New English Requirements For Visas

Australia Immigration

IL

Interstaff Immigration Agency

Tick Tock, Time Is Up – Or Is It? NSW Supreme Court Refuses Extension Of The Limitation Period For Medical Negligence Claim

For insurers and health providers the decision underscores the strength of limitation defences.

Australia Litigation

GC

Gilchrist Connell

Case Summary: Stewart V Metro North Hospital And Health Service [2025] HCA 34 – The High Court Reframes Reasonableness In Damages

Assessing "reasonableness" when awarding damages for future care under the Civil Liability Act 2003 (Qld) (CLA).

Australia Litigation

CO

Carroll & O'Dea

Case summary: Allianz Australia Insurance Limited v Mataraci [2025] NSWPICMP 536 – What factors are relevant to whether treatment is "reasonable and necessary"?

Recent case provide useful insight into how the statutory requirements for accident-related & "reasonable and necessary" treatment, are interpreted.

Australia Litigation

CO

Carroll & O'Dea

"It wasn't negligent driving. I had to swerve to avoid an unidentified vehicle" – which case won?

Personal injury case - Court had to decide who was to blame for the car accident.

Australia Litigation

S

Stacks Law Firm

Evic applied – How to assess contributory negligence in a chain collision

Australia Litigation

M

McCabes

Case summary: Ganeson v Allianz Australia Insurance Limited [2025] NSWPIC 55 – Nutritional supplements as "medical treatment" under the Motor Accident Injuries Act 2017

Australia Litigation

CO

Carroll & O'Dea

Injury sustained on bus not sustained in a "Motor Accident"

Australia Litigation

M

McCabes

Suppression of a clinician's identity: a comparison between the United Kingdom and Australia

Australia Litigation

B

Barry Nilsson

Reasoning about reasonableness: High Court clarifies the compensatory principle

Australia Litigation

B

Barry Nilsson

Local council not liable for injuries to child who fell from cliff

Australia Litigation

B

Barry Nilsson

Case summary: El-Kazzi v Insurance Australia Limited t/as NRMA Insurance [2024] NSWPICMP 591 (21 August 2024) – were medical treatments reasonable and necessary?

Australia Litigation

CO

Carroll & O'Dea

Reasonableness and the right to care in your own home Stewart v Metro North Hospital and Health Services [2025] HCA 34

Australia Litigation

GC

Gilchrist Connell

Catastrophic injury claims: a new twist in claims inflation

Australia Litigation

K

Kennedys

Removalist services are not an "everyday task"

Australia Litigation

M

McCabes

Case summary: El-Kazzi v Insurance Australia Limited t/as NRMA Insurance [2024] NSWPICMP 591 (21 August 2024) – were medical treatments reasonable and necessary?

Claimants must take care to establish not just a connection between the motor vehicle accident and their proposed medical treatments.

Australia Litigation

CO

Carroll & O'Dea

Reasonableness and the right to care in your own home Stewart v Metro North Hospital and Health Services [2025] HCA 34

In recent case, the HC clarified the test of reasonableness for the purpose of assessing common law damages under the Civil Liability Act 2003 (Qld).

Australia Litigation

GC

Gilchrist Connell

Catastrophic injury claims: a new twist in claims inflation

Recent case rules that damages must cover at-home care if it restores a plaintiff's pre-injury life, even if institutional care is cheaper.

Australia Litigation

K

Kennedys

Removalist services are not an "everyday task"

Recent decision provides example of a service which is not an "everyday task" as required by the definition of "attendant care service".

Australia Litigation

M

McCabes

New Personal Injury Notice of Claim Forms Now in Force

Australia Litigation

RL

Roche Legal

Bicyclist found wholly at fault

PIC held cyclist wholly at fault for a collision with a car, finding his contributory negligence was 100% - disentitling him to ongoing statutory benefits.

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)

In Ioannidis v Carretero, the Court awarded damages for the plaintiff's injuries but excluded trauma from seeing her dog harmed.

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?

Cost of caring for a household pet can qualify as an "attendant care service" under the Motor Accident Injuries Act 2017 (NSW) (MAIA).

Australia Litigation

CO

Carroll & O'Dea

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

Case highlighting the importance of timely legal action in personal injury cases.

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

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

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

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?

Australia Litigation

CO

Carroll & O'Dea

Can treatment & care be found on the Uber App?

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

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RL

Roche Legal

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Holman Webb Lawyers

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Travis Schultz & Partners

Legal Lockdown - Episode 3: Personal injury claims

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Holman Webb Lawyers

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