Archive for jurisdictional error

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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Administrative review

ADMINISTRATIVE LAW – judicial review – medical review panel – assessment of degree of permanent impairment under the Motor Accidents Compensation Act 1999 (NSW) – failure to take into account relevant considerations – whether the failure to refer to particular evidence can constitute failure to take into account relevant considerations – failure to accord procedural fairness – whether failure to respond to a substantial argument based on a body of evidence – constructive failure to exercise jurisdiction – whether failure of review panel to apply itself to the real question to be decided – whether review panel misunderstood a significant body of evidence relevant to causation of injury – review panel certificate vitiated by jurisdictional error Read More→