Holman Webb Lawyers is pleased to announce a range of promotions across our Sydney office – effective 1 July 2022:
 
These promotions reflect the commitment and contribution each person has made and continues to make to the fabric of the firm, our values and development.

The 17 June 2022 Federal Court of Australia decision in Zurich Australian Insurance Ltd v Atradius Credito Y Caucion S.A. De Seguros Y Reaseguros [2022] FCA 709 has made clear that care must be taken when bringing proceedings in the Federal Circuit and Family Court of Australia.

The Federal Court has made clear that the FCFCoA only has jurisdiction to hear and determine claims when power has been expressly given to it pursuant to legislation; and that absent such power, proceedings in that jurisdiction are a nullity.

On the contrary, the Federal Court has clear and undisputed jurisdiction arising in the exercise of Federal civil jurisdiction irrespective of any specific grant under legislation.

Click through to download Holman Webb Lawyers' new Minor Injury Guide, which assists those working within the CTP Insurance space in determining whether an injured person has sustained minor or non-minor injuries for the purpose of your liability decisions.  

Presented by CTP Insurance Partner Stephanie Davis on Thursday 16 June 2022, this webinar recording provides an overview of how the Motor Accident Injuries Act 2017, Motor Accident Injuries Regulation 2017 and the Motor Accidents Guidelines work together to define minor injuries and the procedure for assessment of Minor Injury Disputes.

Click through to watch this webinar, and to download Holman Webb's recently published Minor Injury Guide, which highlights some recent Review Panel decisions concerning Minor Injury Disputes.

Important takeaways from the decision in Talevska v AAI Limited t/as AAMI [2022] NSWPICMP 82:

• Only one injury needs to fall outside the definition of “minor injury” to entitle the Claimant to ongoing statutory benefits and common law damages.
   
• The Review Panel dismissed an Application to assess other injuries on the basis it was no longer relevant.

Important takeaways from the decision in Muradi v QBE Insurance (Australia) Ltd [2022] NSWPICMP 59:

• The Review Panel had regard to various studies addressing annular tears and determined that although the accident could have caused an annular tear, it did not cause the Claimant’s annular tear.
   
• The Review Panel considered that the Claimant’s symptoms were more likely attributable to damage to other musculoskeletal structures and psychological distress, than the annular tears.

Important takeaways from the decision in Venizelou v AAI Ltd [2021] NSWPICMP 215:

• The Panel accepted that further tearing of an already degenerate lateral meniscus caused by the accident was a partial rupture of the meniscus, and that such injury was not a minor injury for the purposes of the Motor Accident Injuries Act 2017.

Important takeaways from the decision in GIO Insurance (Australia) Ltd v Taouk [2021] NSWPICMP 193:

• Where the examination findings of the initial Assessor are not in dispute, a physical re-examination of the Claimant is not necessary, and is consistent with the objects of the PIC to “resolve the real issues in proceedings justly, quickly, cost effectively and with as little formality as possible” (see Section 3(c) of the Personal Injury Commission Act 2020).
   
• Although not determinative of causation, a lack of contemporaneous records of an injury will be a relevant factor, particularly if the contemporaneous records are detailed and are suggestive of “precision in questioning and recording”.

Important takeaway from the decision in Simon v QBE Insurance (Australia) Limited [2022] NSWPICMP 216:

• Neurological symptoms must correspond with pathology identified on radiological imaging.

Important Takeaways from the decision in Vuong v Insurance Australia Ltd t/as NRMA [2022] NSWPICMP 55 :

• The panel found that the Claimant’s mother’s cancer diagnosis, although unrelated to the subject accident, had not “severed the chain of causation and the subject MVA remains a significant causal factor in her current psychological injury”.