Nominal Defendant v Bacon [2014] NSWCA 275Ms Bacon’s car collided with an unregistered truck as both were travelling in opposite directions on an unsealed country road in dusty conditions. The District Court found the Nominal Defendant liable for damages but reduced them by 50% for contributory negligence. The Nominal Defendant appealed the finding that the ...

Noakes v Beveridge [2014] ACTSC 177Although an ACT decision, this case relates to similar provisions in the MAIA.The Plaintiff served a certificate of readiness on 16 October 2013, with the conference held on 23 October 2013. The certificate was signed by the Plaintiff’s solicitor and certified that all medical and other expert reports had been ...

Section 51 of the MAIA outlines an insurer’s statutory obligation to provide rehabilitation to injured claimants. It only arises when liability is admitted but the insurer can offer to provide rehabilitation without making an admission of liability. Such an offer is not deemed to be an admission of liability—s.51(2). If liability is admitted, and the ...