Important takeaways from the decision in Cho v Insurance Australia Limited t/as NRMA Insurance [2022] NSWPICMP 107:

• The Review Panel applied the findings in Lynch v AAI Limited t/as AAMI [2022] NSW PICMP 6 as to the timing of the diagnosis.
   
• The Review Panel did not diagnose PTSD as the accident was not experienced as a threat of serious injury or death.

As anticipated, the new Commonwealth Government has indicated there will be regulation of the Buy Now Pay Later (‘BNPL’) industry.  In an announcement made last week, the new financial services minister, Stephen Jones, telegraphed the much anticipated and expected news.

Important takeaways from the decision in David v Allianz Australia Insurance Ltd [2021] NSWPICMP 227:

• Radiculopathy does not need to be present at the time of the Assessment.  It is sufficient that radiculopathy is confirmed as per Section 5.8 of the Guidelines at any time following the accident.
   
• Annular tears will not be attributed to an accident merely because there is no history of back pain or pre-existing pathology.

Important takeaways from the decision in Lynch v AAI Limited t/as AAMI [2022] NSWPICMP 6:

• A diagnosis of an Adjustment Disorder cannot be made if the stress related disturbance meets the criteria for another mental disorder. 
• A psychiatric diagnosis in remission may be found to be a non-minor injury.
• The Claimant bears the onus of establishing that their injury is a non-minor injury.

The 30 May 2022 decision in Leggett v Hawkesbury Race Club Limited (No 4) [2022] FCA 622, handed down by a single Judge in the Federal Court of Australia, has highlighted numerous issues which give pause for thought – specifically regarding how employers should manage their risk, and how injured workers should bring claims for damages for personal injury.

Where an employer is exposed to damages for breach of provisions of the Fair Work Act 2009 or other Commonwealth legislation (such as anti-discrimination law, as well as in negligence), the Federal Court is not restricted in the way it assesses damages by the limitations in the NSW Workers Compensation Act 1987.

With this in mind, employers within the NSW workers compensation scheme may be entitled to indemnity from Icare and SIRA if the breach of the Fair Work Act 2009 arises from an “injury” to the worker. 

The Court has made it clear though, that a worker cannot double dip - and must account for any state compensation received

Carbon monoxide (CO) is an odourless, colourless gas produced by combustion of hydrocarbon fuels. The toxic fume takes the place of oxygen in the blood, leading to headaches, drowsiness, irritability, reduced judgment and motor skills, convulsions, coma and death.

Between 2011 and 2016 there were 15 deaths attributed to gas and solid fuel appliances in Australia, and in the 12 months between 2018-2019 there were 256 hospitalisations due to accidental poisoning from Carbon monoxide.

Concerningly, Carbon monoxide poisoning is becoming increasingly common. A recent study has found that Carbon monoxide contributed to the death of 28 people between 2006-2018, when drivers unintentionally filled their homes with toxic fumes by leaving their keyless cars parked and running in their garages.

Carbon monoxide is particularly deadly in confined spaces such as cars, boats and caravans.

We are pleased to invite readers to join Holman Webb's Insurance Group for our upcoming webinar: 'Understanding minor/non-minor injuries and key concepts for disputes'.

Presented by CTP Insurance Partner Stephanie Davis and taking place on Thursday 16 June 2022, this webinar will provide 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.

The webinar will also focus on some of the recent Review Panel Decisions on Minor Injury Disputes. It will provide valuable insight into how the PIC has addressed these Disputes, making it easier to determine whether an injured person has sustained minor or non-minor injuries for the purpose of your liability decisions. 

As all credit professionals know - credit, cashflow and collections all work together to protect the lifeblood of many businesses.  Without a proper functioning credit team, businesses run the risk of significant impacts on ongoing profitability and viability. 

Unfortunately, risk is an unavoidable part of the credit function. 

With this in mind, this article from Commercial Recovery and Insolvency Partner Chris Hadley and Special Counsel Andrew Tanna highlights how carefully considered credit terms can help to mitigate risk and provide safeguards to your business.

This piece was originally published in the Australian Institute of Credit Management's 2022 Risk Report published 30 May 2022).

Revenue NSW has announced the following:

“From 19 May 2022, section 8(1)(b)(ix) of the Duties Act 1997 introduced duty on certain transactions that result in a change in beneficial ownership.

A put option and/or call option granted over dutiable property in NSW (such as over land or an interest in land) is a ‘change in beneficial ownership’. This means that duty is payable on any grant fee paid for a put and/or call option entered into from this date."

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The recent Federal Court of Australia decision in Australia Securities and Investments Commission v Westpac Banking Corporation (Omnibus) [2022] SCA 515, in which Westpac was penalised an amount in excess of $113M, was informative in respect of the way that the Court will proceed in assessing the conduct of financial service providers.

This article is not intended to traverse all the matters considered in that case, but will instead discuss the way the Federal Court approaches issues of unconscionability in the provision of financial services and products, in light of the principles in section 12CC of the Australian Securities and Investments Commissions Act 2001.