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Emerging apportionment issues

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • April 10 2014

The High Court decision in Hunt & Hunt v. Mitchell Morgan Nominees Pty Ltd ((2013) HCA 10) highlights the impact of proportionate liability where it

Adding insult to injury CTP insurer liable for PTSD suffered by claimant threatened with motor vehicle

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • March 28 2014

In Jackson v Bishop and Anor 2013 QDC 279, Kingham DCJ considered the liability of a CTP Insurer, AAI Limited, for Post Traumatic Stress Disorder

Sexual healing in the Supreme Court: tailoring rehabilitation to an individual’s needs Rogers v. Suncorp Metway Insurance Limited 2013 QSC 230

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • March 28 2014

The provision of adequate Rehabilitation services is an integral element to the CTP process. It is important not only for an injured individual's

Plaintiff credibility: Reitano v Shearer & Anor 2014 QSC 44

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • March 28 2014

The Plaintiff was 17 years old when she was involved in a rear-end collision on 17 January 2008. The Defendants admitted liability however quantum

Arguments in a Car Park: car v pedestrian AAI Limited & Anor v Miles 2014 QCA 22

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • March 28 2014

There were a number of versions of who was doing what and when, with the incident occurring in the Robina Tavern Car Park in January 2006. The

Bicycle v truck truck reigns supreme; wrong decision made in the “agony of the moment” a look at Stuart v. Walsh 2012 NSWCA 186

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • March 28 2014

Stuart v. Walsh is an interesting case whereby a 73 year old cyclist, Walsh, who, whilst riding his bicycle, was struck by a truck driven by Stuart

Contributory negligence considerations a backpacker, a van, a motorbike and a man.

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • March 28 2014

Two Supreme Court of Queensland cases of McAndrew v. AAI Ltd 2013 QSC 290 and Habig v. McCrae and Ors 2013 QSC 335 consider contributory

“Coy” claimant fails in a “he says, she says” battle Smith v. Abhishek & Anor 2013 QDC 332

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • March 28 2014

Smith made a claim for personal injuries after she was involved in a motor vehicle accident at a traffic light controlled intersection at Rochedale

Car and bicycle collide - defendant victorious in ‘all or nothing’ case: Smith v Mcfarland 2013 NSWCA 378

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • March 28 2014

Smith was a 14 year old boy riding his bicycle on the way to school on the morning of 3 December 2008, as he did every school morning for the past

Insurance law cases High Court special leave applications update

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • March 26 2014

In our January 2014 MCW In-Focus Financial Risk Alert titled "Bridgecorp Update" we advised that a special leave application had been filed in the