Proper Lookout Podcast

In Abawi v Allianz, the Medical Review Panel looked at whether a laceration to the skin fell within the definition of a "threshold injury" in s 1.6 of the Motor Accident Injuries Act 2017. Principal Peter Hunt reviews the decision and adds his own commentary on the issue.

In this episode of The Proper Lookout Podcast, Principal Peter Hunt discusses the traumatic brain injury with friend of the podcast, Professor Associate Joseph Suttie.

In Mandoukos v Allianz, the Supreme Court considered whether a cervical surgery could transform a below-threshold injury into an above-threshold injury. In this episode of The Proper Lookout Podcast, Principal Peter Hunt discusses the scope of the decision and the implications.

In this episode, Principal Peter Hunt discusses the decision in Mohmand v Allianz, where the Supreme Court looked at whether a Claimant always needs to exhibit radiculopathy to demonstrate that their cervical spine injury is an above-threshold injury for the purpose of s 1.6 of the Motor Accident Injuries Act 2017. https://mccabes.com.au/firm/resources/the-proper-lookout-podcast/

Are artificial members part of the body? And, if they are damaged, are they non-threshold injuries?  In this episode of The Proper Lookout Podcast, Principal Peter Hunt discusses what a PIC Review Panel thinks on these questions.

Does injury to the skin, alone, entitle a Claimant to ongoing statutory benefits and common law damages? In this episode of The Proper Lookout Podcast, Principal Peter Hunt reviews three PIC Review Panel decisions which consider whether injury to the skin falls within the statutory definition of a "threshold injury".

In this episode of The Proper Lookout Podcast, Principal Peter Hunt joins Associate Professor Joseph Suttie to explore the impact of artificial intelligence, like ChatGPT, in the workplace. NOTE: no AI was deployed in recording of this Podcast episode. All thoughts are those of the participants!

All organisations, including insurers and law firms, are confronted with employees at the risk of burnout. In this episode of The Proper Lookout Podcast, Principal Peter Hunt discusses the issues with Associate Professor Joseph Suttie. https://sarsfieldconsulting.co/who-we-are/

In this very special episode, Principal Peter Hunt talks to The Honourable Geoffrey Bellew SC, a former Justice of the Supreme Court of NSW, about the challenges of life on the Bench, including those which arise when the parties tender large volumes of irrelevant material. The discussion is topical for CTP insurers and practitioners as the Personal Injury Commission contemplates the introduction of page limits. https://7gbc.com.au/barrister/the-hon-geoffrey-bellew-sc/

Most claims managers have probably experienced Claimants who demonstrate obsessive personality traits in the context of the management of their claim. In this episode, Principal Peter Hunt discusses Borderline Personality Disorders with Associate Professor Joseph Suttie and how they might impact the claims experience.

What happens if an autonomous vehicle thinks a tree blowing in the wind is a pedestrian about to run across the road? How might the autonomous vehicle behave when it perceives this "danger"? In this episode, Peter Hunt interviews Associate Professor Joseph Suttie about the AI used in autonomous vehicles.

The Motor Accident and Workers Compensation Amendment Act 2022 made some amendment to the calculation of weekly benefits under MAIA. In this episode, Julia Douglas-Oliveira and Raissa Galang discuss the changes.

In this episode, Raissa Galang and Julia Douglas-Oliveira discuss how the Motor Accident and Workers Compensation Amendment Act 2022 amended the "no-fault" provisions in Part 5 of MAIA.

The Personal Injury Commission can not be exercising the judicial power of the Commonwealth if it does not exercise judicial power at all. In this episode, Peter Hunt discusses recent Court decisions which discuss whether the PIC's functions are administrative or judicial.

In this episode, ​​​Peter Hunt discusses the Motor Accident Injuries Amendment Bill 2022 which has passed both Houses of the NSW State Parliament.

In this episode of the Proper Lookout Podcast, Peter Hunt explains the decision and outlines the implications of federal jurisdiction within the meaning of Div 3.2 of the Personal Injury Commission Act 2021.

In this episode, Helen Huang and Katherine Teague discuss the ways available for parties to seek to vacate an Assessment Conference in the Personal Injury Commission, particularly during a Pandemic.

In this episode of the Proper Lookout Podcast, Peter Hunt summarises his thinking on what types of CTP claims involve an exercise of federal jurisdiction.

Pursuant to Part 3.2 of the Personal Injury Commission Act 2020, the Personal Injury Commission has no power to exercise federal jurisdiction. In this episode, Peter Hunt discusses the District Court decision in Ritchie v The Nominal Defendant which examines whether a dispute between a resident of Queensland and the NSW Nominal Defendant involves an exercise of federal jurisdiction.

In this episode, Helen Huang and Katherine Teague discuss the implications of the Claimant not seeking internal review of the Insurer's permanent impairment determination and how to progress the matter without any further delays under the Motor Accidents Injuries Act.

In this episode, Rihab Abdul-Rahman and Tasnim Ali, discuss Mandatory and Discretionary Exemptions from the assessment of damages in the Personal Injury Commission. Relevant case law and legislation: - Section 7.34(1)(a) of the Motor Accident Injuries Act 2017 Motor Accident Injuries Act 2017 No 10 - NSW Legislation https://legislation.nsw.gov.au/view/html/inforce/current/act-2017-010#sec.7.34 - Clause 14 of Motor Accidents Injuries Regulations Motor Accident Injuries Regulation 2017 - NSW Legislation https://legislation.nsw.gov.au/view/html/inforce/current/sl-2017-0498#sec.14 - Section 92 of Motor Accident and Compensation Act 1999 Motor Accidents Compensation Act 1999 No 41 - NSW Legislation https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1999-041#sec.92

In this episode, Helen Huang and Katherine Teague, discuss the implications of not lodging a damages dispute within the specified time limit and how to progress a damages claim to the Personal Injury Commission if it is not yet ready for assessment. Relevant case law and legislation: - Rule 94(1)(b) of the Personal Injury Commission Rules 2021 - https://legislation.nsw.gov.au/view/html/inforce/current/sl-2021-0034#sec.94 - Rule 101 of Personal Injury Commission Rules - https://legislation.nsw.gov.au/view/html/inforce/current/sl-2021-0034#sec.101 - Procedural Direction MA1 - https://pi.nsw.gov.au/resources/procedural-directions/procedural-direction-ma1-stood-over-proceedings - Section 7.32(1) of the MAI Act - https://legislation.nsw.gov.au/view/html/inforce/current/act-2017-010#sec.7.32 - Section 7.33 of the MAI Act - https://legislation.nsw.gov.au/view/html/inforce/current/act-2017-010#sec.7.33 - Division 7.6 of the MAI Act - https://legislation.nsw.gov.au/view/html/inforce/current/act-2017-010#pt.7-div.7.6

In this episode, Katherine Teague and Tasnim Ali kickstart their first mini-series "Are you being afforded Procedural Fairness?" by discussing how decision-makers may fail to afford procedural fairness when the fail to disclose to the parties material they have relied upon in reaching their decisions. Relevant Case Law: - Kinchela v Insurance Australia Group Ltd t/as NRMA [2021] NSWSC 804 Obligations of Decision Makers to disclose material relied upon https://mccabecurwood.com.au/obligations-decision-makers-disclose-material-relied-upon/

In this episode, Helen Huang and Rihab Abdul-Rahman, discuss the impact of section 3.35 of the Motor Accident Injuries Act 2017 and section 151A(5) of Workers Compensation Act 1987 on liability in respect to ongoing treatment and care after a claim for common law damages has resolved. Relevant case law and legislation Section 3.35 of the Motor Accident Injuries Act 2017 Motor Accident Injuries Act 2017 No 10 - NSW Legislation - https://legislation.nsw.gov.au/view/html/inforce/current/act-2017-010#sec.3.35 Section 151A(5) of Workers Compensation Act 1987 Workers Compensation Act 1987 No 70 - NSW Legislation - https://legislation.nsw.gov.au/view/html/inforce/current/act-1987-070#sec.151A

In this episode, Katherine Teague and Tasnim Ali discuss the different ways available to alert the Personal Injury Commission that a claim has resolved, when a Claimant is represented and unrepresented. Relevant case law and legislation: - Rule 71 of the Personal Injury Commission Rules 2021

The NSW State Government has introduced a Bill to amend aspects of the Motor Accident Injuries Act 2017 (and the Workers Compensation legislation). In this episode, Peter Hunt discusses how the Bill addresses the criticism of Part 5 of MAIA levelled in AAI v Singh. You can read more on this topic here: https://www.parliament.nsw.gov.au/bill/files/3871/First%20Print.pdf https://mccabecurwood.com.au/no-fault-means-no-ones-fault/

In this episode, Renée Reddy and special guest, Marco Nesbeth, of Counsel, discuss their recent Supreme Court administrative review case. They discuss the outcome and the precedent this case sets with respect to statutory non-compliance and the true power of S85B and S6.26 Notices (and other similar provisions) within the MACA and MAIA framework.

In this episode of the Proper Lookout Podcast, Rihab Abdul-Rahman and Bethany Mahler explore the recent decision in Dungan v Padash [2021] NSWCA 66. You can read more on this decision here: https://mccabecurwood.com.au/psychological-sequelae-accident-damages-dungan-padash/

In this episode of the Proper Lookout Podcast, Renée Reddy and Laurette Rizk are back to discuss the Personal Injury Commission's settlement approval process and what happens when a Member is required to decide on an application for approval.

The Personal Injury Commission (PIC) opened its Commission doors on 1 March 2021. Every stakeholder should familiarise themselves with the PIC's Procedural Directions. In this episode, Peter Hunt discusses the clauses which jumped out when he read through the Commission's Directions.

In this episode of the Proper Lookout Podcast, Renée Reddy and Laurette Rizk discuss the new procedure surrounding settlements with unrepresented Claimants in the Personal Injury Commission.

In this episode of the Proper Lookout Podcast, Audrey Egan looks at unregulated costs in claims by minors under the Motor Accident Injuries Act 2017, and considers whether this applies only to the Claimant's costs.

In this episode of the Proper Lookout Podcast, Laura D'Alessandri explores when a driver of an uninsured vehicle can be denied statutory benefits under the Motor Accident Injuries Act 2017, even during the first 26 weeks.

In this week's episode, Homira Haideri and Helen Huang discuss the Personal Injury Commission Rules and in particular, part 4 of the rules, relating to documents. Division 4.1 – forms and documents Division 4.2 – amendment of documents Division 4.4 – service of documents

In this episode of the Proper Lookout Podcast, Homira Haideri and Helen Huang discuss what is the Personal Injury Commission, why it was created and what changes it will bring to the Workers Compensation and Compulsory Third Party Insurance Schemes.

Section 3.37 of MAIA provides that an Injured Person is excluded from the statutory benefits scheme when charged or convicted of a serious driving offence that is 'related to the motor accident'. The hot issue is whether the Insurer has to demonstrate a causative link between the serious driving offence and the accident. In this episode, Peter Hunt discusses two DRS decisions which came to opposite conclusions on that question.

In this episode, Andrew Gorman discusses the current position of the evolution of driverless vehicles, the regulatory framework and implications for insurers, and how the pandemic has impacted.

In this episode, Peter Hunt compares and contrasts MAIA's procedural requirements against those imposed by MACA. As a three-Act CTP veteran, Peter even gives the old Motor Accident Act the odd mention.

In this episode of the Proper Lookout Podcast, Eden Christopher and Bethany Mahler are back with four more common mistakes in WPI assessments.

In this episode, Peter Hunt takes a walk through coal-face DRS decisions in PAWE disputes and erects some signposts.

In this episode of the Proper Lookout Podcast, Eden Christopher and Bethany Mahler take a look at some of the common mistakes in WPI assessments.

In this special edition of the Proper Lookout Podcast, Peter Hunt discusses innovation in legal process automation with Minwoo Yim of Checkbox.

In this week's episode of the Proper Lookout Podcast, Eden Christopher and Michael Li will look at whether a driveway of a service station, a carpark or a beach is considered a road or road related area for the purposes of either MACA or MAIA.

To celebrate our collective ton, Renée Reddy, Vid Dragomirovic and Peter Hunt discuss some of their favourite episodes from the extensive back catalogue of the Proper Lookout Podcast.

We carry on our recent trend of reviewing case law about jurisdictional errors with a podcast focusing on what constitutes 'adequate reasons' in a CARS award. Eden Christopher and Laurette Rizk take a look at the competing obligations placed on CARS Assessors to be 'brief' whilst also explaining their reasons.

In this week's episode of the Proper Lookout Podcast, Eden Christopher and Michael Li will look at the three cases of Zerella Holdings, McBain, and Ryan v Nominal Defendant to explore when a road is considered a road or road-related area for the purposes of the Road Transport Act 2013.

In this week's episode of the Proper Lookout Podcast, Daniel Nastevski and Michael Li look at whether a claimant can be awarded legal costs in DRS disputes in excess of those fixed in the Regulations.

In a product of its times, this episode takes the Proper Lookout Podcast in an expected direction as Peter Hunt addresses CTP in the age of Coronavirus through poetry; with sincere apologies to Rudyard Kipling.

Whether assessing contributory negligence at Common Law or assessing whether an applicant for Statutory Benefits is mostly at fault, the concept of relative culpability lies at the heart of the exercise. In this episode, Peter Hunt takes us through the theory.

In this weeks episode of the Proper Lookout Podcast, Rihab Abdul-Rahman and Eden Christopher review instances where the denial of a parties' cross-examination of a witness has constituted a jurisdictional error.

In this episode of the Proper Lookout Podcast, Eden Christopher, law graduate Bethany Mahler, and paralegals Ashleigh Trezise and Josephine Pan look at jurisdictional error and a number of different examples to help when reviewing a CARS award, MAS Certificate, Exemption Certificate or Proper Officer decision.