Proper Lookout Podcast

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Welcome to the The Proper Lookout Podcast published by the Statutory Insurance Group of McCabe Curwood. In this series, our CTP experts discuss a range of topics – sharing their thoughts on an industry trend or intriguing legal issue, explaining the intricacies of an important case, and hopefully im…

McCabe Curwood


    • Apr 16, 2024 LATEST EPISODE
    • infrequent NEW EPISODES
    • 10m AVG DURATION
    • 143 EPISODES


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    Latest episodes from Proper Lookout Podcast

    #143 - Getting under my skin - Abawi v Allianz

    Play Episode Listen Later Apr 16, 2024 17:30


    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.

    #142 - Exploring Traumatic Brain Injury

    Play Episode Listen Later Oct 10, 2023 20:07


    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.

    #141 - Does Surgery Render A Below-Threshold Injury Above-Threshold?

    Play Episode Listen Later Sep 19, 2023 5:38


    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.

    #140 - More Threshold Injury Questions: Is Radiculopathy Always Necessary?

    Play Episode Listen Later Sep 11, 2023 4:40


    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/

    #139 - Threshold Injury Review: Breast Implant Rupture

    Play Episode Listen Later Jul 17, 2023 7:53


    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.

    #138 - Threshold Injury Review – Injury To The Skin

    Play Episode Listen Later Jul 11, 2023 11:00


    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".

    #137 - Art and Artificiality: The rise of ChatGPT

    Play Episode Listen Later Jul 5, 2023 14:09


    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!

    ai chatgpt artificiality
    #136 - Combatting Burnout

    Play Episode Listen Later Jun 19, 2023 18:34


    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/

    #135 - Page Limits – A View From The Bench

    Play Episode Listen Later May 30, 2023 17:40


    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/

    #134 - Borderline Personality Disorders

    Play Episode Listen Later Apr 23, 2023 20:03


    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.

    #133 - Artificial Intelligence & Autonomous Vehicles

    Play Episode Listen Later Feb 21, 2023 16:49


    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.

    #132 - Amendment to PAWE provisions

    Play Episode Listen Later Feb 14, 2023 7:15


    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.

    # 131 - Amendment to No-Fault Provisions

    Play Episode Listen Later Feb 8, 2023 6:59


    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.

    #130 - FEDERAL JURISDICTION – Are the Commission's power's administrative or judicial?

    Play Episode Listen Later Dec 7, 2022 10:50


    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.

    #129 - Amendments to Celebrate MAIA's 5th Birthday

    Play Episode Listen Later Nov 24, 2022 9:24


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

    #128 FEDERAL JURISDICTION – Interstate Claimants And NSW CTP Insurers

    Play Episode Listen Later Apr 27, 2022 11:13


    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.

    #127 - Adjourning a PIC Assessment Conference

    Play Episode Listen Later Dec 6, 2021 8:01


    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.

    #126 - FEDERAL JURISDICTION: State Residents against the State

    Play Episode Listen Later Nov 17, 2021 9:11


    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.

    #125 - FEDERAL JURISDICTION: Is the Nominal Defendant "the State"?

    Play Episode Listen Later Nov 15, 2021 10:40


    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.

    #124 - On The Front Foot; Proactive WPI Applications

    Play Episode Listen Later Oct 26, 2021 6:42


    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.

    #123 - What are the grounds for Mandatory and Discretionary Exemptions under MAIA?

    Play Episode Listen Later Sep 27, 2021 7:11


    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

    #122 - The PIC Stood Over List

    Play Episode Listen Later Sep 14, 2021 7:20


    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

    # 121 - Read but not disclosed; denying parties procedural fairness

    Play Episode Listen Later Aug 30, 2021 6:55


    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/

    # 120 - After the Common Law claim resolves; liability for treatment and care

    Play Episode Listen Later Aug 19, 2021 7:53


    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

    #119 - You've resolved the claim! Let the Personal Injury Commission know.

    Play Episode Listen Later Aug 4, 2021 4:12


    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

    # 118 - Amendments Proposed to MAIA No-Fault Provisions

    Play Episode Listen Later Jul 8, 2021 10:33


    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/

    #117 – The true power of S85B MACA and S6.26 MAIA and ensuring they are effectively utilised

    Play Episode Listen Later Jun 9, 2021 17:47


    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.

    #116 - How the cause of psychological sequelae impacts an entitlement to damages

    Play Episode Listen Later May 24, 2021 5:13


    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/

    #115 – Approval of settlements with unrepresented Claimants – A new age (Part 2)

    Play Episode Listen Later May 10, 2021 5:55


    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.

    #114 – What I learned from reading the PIC Directions

    Play Episode Listen Later Apr 27, 2021 23:25


    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.

    #113 – Approval of settlements with unrepresented Claimants – A new age (Part 1)

    Play Episode Listen Later Apr 20, 2021 5:25


    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.

    #112 – Unregulated Claimant's costs in claims by minors under MAIA. But what about Insurers?

    Play Episode Listen Later Apr 6, 2021 4:37


    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.

    #111 – Everybody gets Statutory Benefits. But what about the driver of an uninsured vehicle?

    Play Episode Listen Later Mar 22, 2021 4:17


    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.

    #110 – Documentation in the Personal Injury Commission

    Play Episode Listen Later Mar 8, 2021 14:30


    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

    #109 – Introduction to the Personal Injury Commission

    Play Episode Listen Later Feb 22, 2021 9:07


    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.

    #108 – Serious driving offences: does the Insurer have to show causation?

    Play Episode Listen Later Feb 8, 2021 10:07


    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.

    #107 – Autonomous vehicles – The state of play

    Play Episode Listen Later Jan 26, 2021 16:39


    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.

    #106 – Same but different – MAIA Common Law Procedure

    Play Episode Listen Later Dec 7, 2020 17:16


    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.

    #105 – Top mistakes in WPI assessments (Part 2)

    Play Episode Listen Later Nov 16, 2020 6:58


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

    #104 – Signposts for assessing Pre-Accident Weekly Earnings

    Play Episode Listen Later Nov 2, 2020 16:44


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

    #103 – Top mistakes in WPI assessments

    Play Episode Listen Later Oct 12, 2020 6:43


    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.

    #102 – Not because it is easy, but because it is hard...

    Play Episode Listen Later Sep 28, 2020 15:33


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

    #101 – They say "life's a beach", but is a beach a 'road'?

    Play Episode Listen Later Sep 14, 2020 8:59


    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.

    #100 – Celebrating 100 Episodes of the Proper Lookout Podcast

    Play Episode Listen Later Sep 1, 2020 25:23


    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.

    #99 – When will an Assessor's reasons be adequate?

    Play Episode Listen Later Aug 24, 2020 8:17


    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.

    #98 – Is a Vineyard a road? What about a loading dock or dirt track?

    Play Episode Listen Later Aug 17, 2020 6:43


    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.

    #97 – Exceptional circumstances may produce exceptional costs outcomes in DRS disputes

    Play Episode Listen Later Aug 10, 2020 10:01


    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.

    #96 – Meeting with both triumph and disaster

    Play Episode Listen Later Aug 3, 2020 4:38


    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.

    #95 – The theory of relative culpability

    Play Episode Listen Later Jul 27, 2020 11:48


    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.

    #94 – When will a denial of cross-examination constitute jurisdictional error?

    Play Episode Listen Later Jul 20, 2020 4:52


    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.

    #93 – What is jurisdictional error?

    Play Episode Listen Later Jul 13, 2020 6:27


    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.

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