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Motor Accidents

Administrative law: what a medical panel knows

By robertsheldon / October 14, 2019 / Comments Off on Administrative law: what a medical panel knows

ADMINISTRATIVE LAW – claim under Motor Accidents Compensation Act 1999 (NSW) following motor accident – assessment by medical review panel of degree of permanent impairment – application for judicial review – whether error of law on the face of the record – whether jurisdictional error – no error of law on the face of the…

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Administrative law

By robert / December 6, 2017 /

ADMINISTRATIVE LAW – judicial review – reviewable decisions and conduct – motor accident – proper construction of s 63 of the Motor Accidents Compensation Act 1999 (NSW) and the Medical Assessment and Permanent Impairment Guidelines – whether review panel conducted its new assessment in accordance with requirements of s 63 and the applicable Guidelines –…

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Ambulance law

By robert / October 24, 2017 /

Logar v Ambulance Service of New South Wales Sydney Region [2017] NSWCA 274 Schmidt J (Macfarlan JA and Emmett AJA agreeing) held that the primary judge did not err in failing to make a finding as to the actual speed at which the ambulance proceeded through the intersection. Nor did the primary judge err in…

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

By robert / April 25, 2017 /
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Administrative Law: No need for a "genuine (medical) dispute" under MACA

By robert / April 12, 2017 /
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Motor vehicles and injuries at work

By robert / December 28, 2016 /

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…

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Administrative law: The role of a medical assessor

By robert / December 20, 2016 /

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…

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Substantial arguments and material matters

By Robert Sheldon / July 6, 2016 /
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Onus of proof

By Robert Sheldon / July 5, 2016 /

  Keith v Gal [2016] NSWCA 152   1.   In 2001, the appellant, Mr Clifford Keith, was injured when the vehicle he was driving collided with the rear of a tow truck driven by the respondent, Mr Adrian Gal, which pulled abruptly into the lane in which Mr Keith was driving. Prior to the accident, the appellant…

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Medical assessment guidelines – are they "delegated legislation", properly so called

By Robert Sheldon / May 17, 2016 /
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