Join Renée Reddy & Elana Chandran as they explore what constitutes a minor psychological injury according to MAIA. They explore some of the recent decisions by the DRS regarding the interpretation of minor psychological injuries and the challenges that lie ahead.

As the Motor Accident Injuries Act 2017 celebrates its first birthday this week, Peter Hunt takes the opportunity, in this episode of the Proper Lookout Podcast, to review some statistics provided by SIRA and to identify some early trends.

#21 - The scope of a CTP insurer's liability in industrial accidents by McCabes

This week, the McCabe Curwood Insurance and Government teams have made themselves at home at the Zenith Centre in Chatswood, with the option of hot-desking at the MLC office when necessary. With a focus on agility and mobility, Future Workplace is here. To mark the occasion, Peter Hunt, in this episode of the Proper Lookout Podcast, reviews the impact of the most famous CTP claim arising from a motor accident in Chatswood.

Judicial Review involves a consideration of what constitutes 'the face of the record'. Whilst a claims assessor's reasons clearly form part of the record, what about schedules to an accountant's report which are adopted by the assessor in his calculation of economic loss? In this episode Paul Wholohan discusses a recent Court of Appeal decision which answers this question.

Pending enactment of amending legislation currently before the NSW Parliament, injured drivers in no-fault accidents occurring after 1 December 2017 remain excluded from both common law damages and statutory benefits. But will the amendment be sufficient to give drivers in single no-fault accidents a remedy? And if they are entitled to statutory benefits, must those benefits cease after 6 months? In this episode, Andrew Gorman discusses the mental gymnastics necessary to get to the answer.

Persons suffering minor injury are limited to 6 months of statutory benefits and are unable to claim common law damages under the Motor Accident Injuries Act 2017. In a previous episode of the Proper Lookout Podcast, James Kang used an injury to his own elbow to examine what constitutes a minor physical injury. In this episode, Andrea Dickinson discusses minor psychiatric injuries, by distinguishing between an adjustment disorder, major depression and post-traumatic stress disorder.

Section 3.37 of the Motor Accident Injuries Act 2017 provides that statutory benefits are not payable to an injured person after the person has been charged with or convicted of a 'serious driving offence' that was related to the motor accident. In this episode, Christina Vorillas and Amy Joyce look at what constitutes a serious driving offence.

The Motor Accident Injuries Act 2017 has introduced a complex interaction of provisions, involving a mixed first party / third party scheme and a hybrid system of fault and no-fault statutory benefits supplemented by a totally fault-based entitlement to limited common law damages. Adding to the complexity is the injection of blameless accident provisions which apply both to statutory benefits and common law damages. Gone are the days when Claimants simply sued the owner or driver alleged to be at fault for damages. In this episode of the Proper Lookout Podcast, Peter Hunt provides some insight into how the complex scheme might operate in practice by contrasting an Insurer's liability for statutory benefits in the first six months, statutory benefits beyond six months and for common law damages.

Section 118 of the Motor Accidents Compensation Act 1999 allows the Insurer to recover the amount of financial obtained by reason of misleading conduct. In this episode of the Proper Lookout Podcast, Homira Haideri and Elana Chandran discuss what the Insurer has to do to invoke s 118.