Archive for Motor Accidents

The proper approach to duty, risk and breach under the Civil Liability Act, 2002

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Administrative Law: No need for a “genuine (medical) dispute” under MACA

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Motor vehicles and injuries at work

Toll Pty Ltd v Harradine [2016] NSWCA 374

The authorities establish that if the forklift in the present case was being used to unload the contents of the stillage onto the trailer, and the forklift was stationary during this process, Mr Bournes was not “driving” it within the meaning of s 3A(1) of the MAC Act.

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a slight movement of the forklift forwards or backwards while the unloading process was continuing would not change the “exclusive non-driving character” of the process

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Administrative law: The role of a medical assessor

AAI Limited v State Insurance Regulatory Authority of New South Wales (formerly the Motor Accidents Authority of New South Wales) [2016] NSWCA 368

On its proper construction the MAC Act does not require a medical assessor to make a determination as to what elements of an incident involving a motor vehicle during which a person was injured was a “motor accident” within the meaning of s 3 of the MAC Act: [7], [123], [159], [197].

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Substantial arguments and material matters

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