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Claims Assessors must provide reasons for accepting or declining exemption applications

Australia - June 15 2020 Is a Claims Assessor obliged to give reasons for accepting or declining an application for discretionary exemption? The Supreme Court provides the…

Exceptional circumstances may produce exceptional costs outcomes in DRS disputes

Australia - June 11 2020 Is a claimant who seeks statutory benefits under the Motor Accident Injuries Act 2017 entitled to costs in excess of those fixed by the Regulations…

To what extent is MAS obliged to compel the provision of evidence for its consideration?

Australia - December 15 2019 A recent decision by the Supreme Court considers whether a Review Panel within the Medical Assessment Service (MAS) has a duty to obtain or compel…

Suitability vs capability - is there a difference?

Australia - November 21 2019 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…

Renée Reddy.

‘No-fault’ means no-one’s fault

Australia - September 30 2019 Are all not‑at‑fault drivers who have sustained non‑minor injuries entitled to statutory benefits after 26 weeks, or do the deeming provisions…