To what extent is MAS obliged to compel the...
A recent decision by the Supreme Court considers whether a Review...
News & Blog
Stay up-to-date with interesting perspectives from the team at McCabe Curwood.
Suitability vs capability – is there a difference?
In the recent case of NRMA v Gurbuz Aslan [2019] NSWSC 1587, the Court dealt with the considerations that a Claims Assessor must engage with when determining discretionary exemption applications pursuant to Section 92(1)(b) of the Motor Accidents Compensation Act 1999 (NSW). The judicial review findings from this case speak volumes regarding discretionary exemptions where the Insurer alleges false or misleading statements pursuant to 14.16.11 of...
‘No-fault’ means no-one’s fault
Are all not‑at‑fault drivers who have sustained non‑minor...
Does a duty of care exist to the Plaintiff if both...
It is well established that no duty of care is owed between the...
Who was the driver? The High Court discusses the...
This dispute was limited to a single issue – who was driving the...
The role of the ‘lethal weapon’ in...
When assessing contributory negligence in motor accident cases, the...
Roadblocks and roundabouts – ASIC’s review...
A review of 1.6 million claims was recently undertaken by ASIC into...
The real possibility of a conflict of interest...
A Plaintiff is assaulted and injured moments later as he fell from his...
Fault means fault
When seeking a mandatory exemption from CARS, is a denial of injury...
What is the definition of ‘uninjured’...
A recent decision by the Supreme Court considers what 'uninjured'...