The recent decision of McQuitty provides important guidance to Queensland personal injury practitioners with respect to the impact of hypothetical events, pre-existing injuries or conditions and the assessment of damages.   The probability test applied by His Honour Jackson J may assist defendants to reduce an award of damages in claims for personal injuries where the plaintiff has pre-existing injuries or conditions which had a probability of impacting a head of damage.[1]

Casaclan v Wealthsure Pty Ltd [2015] FCA 761 is the most recent decision involving Wealthsure Pty Ltd and their former authorised representative Mr Colin Oberg following the High Court’s Selig & Another v Wealthsure Pty Ltd (2015) 320 ALR 47 judgement.