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.

Appealing to reason – $1.9m reduction in damages by SA Court of Appeal

Recent decision provides greater certainty for insurers, ensuring that damages assessments are grounded in substantiated evidence when quantifying loss.

Australia Litigation

B

Barry Nilsson

Case Review (MAIA): Bauer V Clay

This case establishes that gaps in medical records do not defeat claims where treatment absence is explained by psychiatric conditions like anxiety.

Australia Litigation

RL

Roche Legal

Defining the scope of a threshold psychiatric dispute

A threshold psychological injury dispute turns on whether an accident caused a DSM-V recognised psychiatric illness.

Australia Litigation

M

McCabes

2025 Review: Motor vehicle accident judgments

Recent Qld SC decisions in 2025 clarify how motor vehicle accident injury claims are assessed under the Motor Accident Insurance Act 1994.

Australia Litigation

RL

Roche Legal

Who Let The Dog Out?

Australia Litigation

B

Barry Nilsson

Homsi V Homsi: Key Considerations For Plaintiff Lawyers

Australia Litigation

P

Polaris Lawyers

One Common Law, One Standard: Significant Damages Award In Historic Queensland Abuse Case

Australia Litigation

B

Barry Nilsson

Extending the limitation period in medical negligence cases - a subjective approach

Australia Litigation

B

Barry Nilsson

Five FAQs For Your Medical Negligence Claim In New South Wales

Australia Litigation

CO

Carroll & O'Dea

Frivolous & vexatious medical assessment dismissed

Australia Litigation

M

McCabes

Five Key Questions Answered About Your Legal Costs In Personal Injury Claims In New South Wales

Australia Litigation

CO

Carroll & O'Dea

Slippery when wet – driver's speeding means they're mostly at fault

Australia Litigation

M

McCabes

Costs In VCAT Proceedings

Australia Litigation

K

Kennedys

Supreme Court Finds that Pet Care is an Attendant Care Service

Australia Litigation

M

McCabes

What constitutes an abandonment of employment?

Australia Employment

S

Swaab

Essential ESG: Episode 26 – Insights From The 2025 UN Forum On Business And Human Rights

Australia Environment

CC

Corrs Chambers Westgarth

The Inside Employment, IR And Safety Podcast Series

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

AI is now a WHS issue in NSW. Are employers ready?

Australia Employment

CG

Clifford Gouldson Lawyers

Talking Aussie Farming With Stephen Commadeur (Podcast)

Australia Real Estate

FC

FTI Consulting

I was only injured because of the company's negligence." Which case won?

Discusses case where mechanic brought an action in negligence against the landscaping company.

Australia Employment

S

Stacks Law Firm

How most At Fault disputes are assessed when the insured is not at fault

Claimant loses benefits >52 weeks if mostly at fault, with negligence judged by how far their driving fell below the required standard when the insured wasn't at fault.

Australia Litigation

M

McCabes

What to do when tragedy strikes a minor who is my child or someone in my care: can a minor make a claim for compensation?

Compensation schemes are not restrictive and therefore apply to both adults and children. Describes how a minor can make a claim.

Australia Litigation

CO

Carroll & O'Dea

Consequential surgery is not "an injury" in the absence of harm

Recent personal injury decision highlights a potential legislative anomaly.

Australia Litigation

M

McCabes

Rebalancing Workers Compensation Reform: Insights From The Public Accountability And Works Committee Report

Australia Litigation

CO

Carroll & O'Dea

When Does Time Start? The High Court Clarifies The Operation Of Limitation Periods To Actions In Negligence For Economic Loss

Australia Litigation

K

Kennedys

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

Australia Litigation

M

McCabes

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

Australia Insurance

CO

Carroll & O'Dea

Bird strike - Driver left with nobody to sue

Australia Litigation

M

McCabes

Claim farming soon to be prohibited in South Australia

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

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

Claimants must make genuine & timely efforts to identify an unknown vehicle before claiming against the Nominal Defendant.

Australia Litigation

CO

Carroll & O'Dea

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

Recent decision makes it clear that the section 6.24 obligation 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

Personal injury damages in Queensland are governed by detailed and restrictive legislation.

Australia Litigation

RL

Roche Legal

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

The case demonstrates that not every injury sustained in that context will be considered a "motor accident" for the purposes of accessing statutory benefits.

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

Abawi applied - Injury to skin a threshold injury

A claimant is not entitled to ongoing statutory benefits or common law damages if the only injuries they sustain in a motor accident are threshold injuries.

Australia Litigation

M

McCabes

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?

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

New Personal Injury Notice of Claim Forms Now in Force

Australia Litigation

RL

Roche Legal

Reviewing the (narrow) role of the review panel

Australia Litigation

M

McCabes

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

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

Australia Litigation

CO

Carroll & O'Dea

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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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