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Case Note: GIO Insurance (Australia) Ltd v Taouk [2021] NSWPICMP 193

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”.

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