Section 3.35 of the Motor Accident Injuries Act 2017 provides that an injured person is not entitled to CTP statutory benefits if they are entitled to workers compensation arising from the same accident.

How does this affect a workers compensation insurer's right to recovery pursuant to Section 151Z of the Workers Compensation Act 1987? Laura D'Alessandri and Jessica Shillington discuss a range of issues arising from this interplay in this episode of The Proper Lookout Podcast

Anybody involved in personal injury litigation is accustomed to applying a 15% deduction to their calculation of future loss of earnings to reflect the vicissitudes of life. But should we also apply vicissitudes to future treatment and future commercial care? Chad Farah and Eden Christopher discuss this intriguing question in this episode of The Proper Lookout Podcast.

With the introduction of the Motor Accident Injuries Act, the Insurer's "minor injury assessment" plays a critical role in determining an injured person's entitlement to ongoing statutory benefits and their right to pursue common law damages. But what is a "minor injury"? In a remarkable act of self-less devotion, James Kang injured his left elbow in a snowboarding accident to obtain first-hand experience of what distinguishes a minor injury from a non-minor injury. He discusses his findings in this episode of the Proper Lookout Podcast.

There has been some debate over whether an injured person is required to conduct due inquiry and search in claims for statutory benefits against the Nominal Defendant. In this episode of the Proper Lookout Podcast, Tain Moxham and Eden Christopher attempt to produce the definitive word.

Our Statutory Insurance Team has seen an exponential rise in the late lodgement of Personal Injury Claim Forms and the commencement of proceedings outside the statutory limitation period under the Motor Accidents Compensation Act 1999 (NSW). This has occurred following the enactment of the Motor Accident Injuries Act 2017 (NSW), demonstrating an active attempt at pushing through tail end claims under the old scheme. Vid Dragomirovic goes back to the basics in testing the theory - it's better late than never.

On this week's podcast, Zeb Holmes dives into what behavioural economics and psychology can teach us about achieving settlements. From arranging your conference to sending the finalised deed, Zeb looks at some easy tips and tricks that will make you a Jedi Negotiation Master.

This week, James Kang and Eden Christopher return to the Proper Lookout to discuss the level of contributory negligence you might expect where either the Plaintiff or the driver of the vehicle is affected by alcohol.

Fully autonomous, or self-drive vehicles are likely to be on the roads of Australia in real numbers in 5 to 10 years. Analysts are predicting a massive new economy will evolve around the industry as it emerges. An industry which, according to Boston Consulting Group, will be worth US$42 billion by 2021. In this episode of the Proper Lookout Podcast, Andrew Gorman examines the state of play of the technology here and abroad, the evolution of the regulatory framework and guidance to be taken from very recent UK legislation in terms of liability when accidents happen.

The recent Supreme Court of case of Midland Metals Overseas v Australian Cablemakers Association (No 2) [2018] NSWSC 1128 got our Udipta Harrypersadh and Laura D'Alessandri sharing settlement stories they've collected from the McCabe Curwoods team.

Everyone's talking about contributory negligence and what, "Mostly at Fault" means under the newly enacted Motor Accidents Injuries Act 2017. Under MAIA, statutory benefits cease after 6 months if the party is found 'mostly at fault' for the accident. So what is, 'mostly at fault'? James Kang and Eden Christopher have a look at some interesting examples involving bicycles and blameless accidents to provide guidance on how contributory negligence is assessed in these situations and consider what it means to be 'mostly at fault'…