NEWS

The importance of obtaining prior Insurer approval for Medical Treatment  There are various restrictions on obtaining payment for the cost of medical treatment.  These are specified under Section 60 (2A) of the Workers Compensation Act.   The restrictions include the Employer/Insurer not being liable to pay treatment costs if the treatment or service is givenRead more

When Musa Konneh launched a class action against his mistaken arrest by police for breach of bail, he opened the door for other disadvantaged young people to do the same, but only if they can be found. Many young people mistakenly arrested by police will be eligible for compensation for false imprisonment, arrest and batteryRead more

Who owns assets purchased in a partner’s name has recently been considered Higashida v Sarto (2014) NSWSC 1291 in that case the Plaintiff, Mr Higashida and the Defendant Ms Sarto had been in relationship from about 2010 to the end of 2013.  The Plaintiff had separated from his wife but not yet resolved family lawRead more

The case of Lind and SDSS (2014) AATA 680 demonstrates the difficulty an applicant faces when trying to establish the existence of ‘special circumstances’ to obtain relief from a preclusion period preventing access to social welfare benefits. While the policy direction of Part 3.14 of the Social Security Act 1991 (Cth) may be a sensible one, i.e. to prevent double dipping, the legislation goesRead more

The Home Building Act includes a requirement that a Builder comply with Statutory Warranties.  The Statutory Warranty Scheme has been changed to now introduce the concept of “a Major defect” to replace the previous definition of “Structural defect”.  Major defects are covered by the six year Statutory Warranty with all other defects covered by aRead more

A chef who fell and injured his wrist while rescuing a child stuck on a McDonald’s playground was successful in a personal injury claim for damages in NSW Court of Appeal. The Court found it was reasonably forseeable that a child would climb up the outside of the tunnels of the playground and that aRead more

If you receive an award of compensation and have, following the date of the accident been in receipt of Centrelink benefits, those benefits may be repayable. Indeed the insurer (or person paying the compensation) is required to withhold payment of compensation until Centrelink have issued a notice to them advising as to whether an amountRead more

A recent court case has emphasised the importance of obtaining vehicle details when you are involved in a motor accident so you can establish a valid claim. A pedestrian was crossing a busy street when he was hit by a car. After the driver stopped, got out of the car and spoke with him, theRead more

Law Society launches community information campaign on green slip changes The Law Society of NSW has launched “Fifty bucks off your green slip. A lifetime on welfare” a community information campaign highlighting the negative impacts of proposed changes to CTP insurance. You need to be aware that: Under the proposed new “no fault” scheme thereRead more

The New South Wales government has introduced into Parliament the Motor Accident Injuries Amendment Bill 2013. If this Bill becomes law, 90% of motor accident victims will lose their right to claim damages. Instead they will receive statutory benefits which are much more limited. For example weekly payments for lost earnings will terminate… read fullRead more