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Proper Lookout Podcast
9 minutes | Nov 24, 2022
#129 - Amendments to Celebrate MAIA's 5th Birthday
In this episode, Peter Hunt discusses the Motor Accident Injuries Amendment Bill 2022 which has passed both Houses of the NSW State Parliament.
11 minutes | Apr 27, 2022
#128 - FEDERAL JURISDICTION – Interstate Claimants And NSW CTP Insurers
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.
8 minutes | Dec 6, 2021
#127 - Adjourning a PIC Assessment Conference
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.
9 minutes | Nov 17, 2021
#126 - FEDERAL JURISDICTION: State Residents against the State
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.
11 minutes | Nov 15, 2021
#125 - FEDERAL JURISDICTION: Is the Nominal Defendant "the State"?
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.
7 minutes | Oct 26, 2021
#124 - On The Front Foot; Proactive WPI Applications
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.
7 minutes | Sep 27, 2021
#123 - What are the grounds for Mandatory and Discretionary Exemptions under MAIA?
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
7 minutes | Sep 14, 2021
#122 - The PIC Stood Over List
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
7 minutes | Aug 30, 2021
# 121 - Read but not disclosed; denying parties procedural fairness
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  NSWSC 804 Obligations of Decision Makers to disclose material relied upon https://mccabecurwood.com.au/obligations-decision-makers-disclose-material-relied-upon/
8 minutes | Aug 19, 2021
# 120 - After the Common Law claim resolves; liability for treatment and care
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
4 minutes | Aug 4, 2021
#119 - You've resolved the claim! Let the Personal Injury Commission know.
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
11 minutes | Jul 8, 2021
# 118 - Amendments Proposed to MAIA No-Fault Provisions
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/
18 minutes | Jun 9, 2021
#117 – The true power of S85B MACA and S6.26 MAIA and ensuring they are effectively utilised
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.
5 minutes | May 24, 2021
#116 - How the cause of psychological sequelae impacts an entitlement to damages
In this episode of the Proper Lookout Podcast, Rihab Abdul-Rahman and Bethany Mahler explore the recent decision in Dungan v Padash  NSWCA 66. You can read more on this decision here: https://mccabecurwood.com.au/psychological-sequelae-accident-damages-dungan-padash/
6 minutes | May 10, 2021
#115 – Approval of settlements with unrepresented Claimants – A new age (Part 2)
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.
23 minutes | Apr 27, 2021
#114 – What I learned from reading the PIC Directions
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.
5 minutes | Apr 20, 2021
#113 – Approval of settlements with unrepresented Claimants – A new age (Part 1)
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.
5 minutes | Apr 6, 2021
#112 – Unregulated Claimant's costs in claims by minors under MAIA. But what about Insurers?
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.
4 minutes | Mar 22, 2021
#111 – Everybody gets Statutory Benefits. But what about the driver of an uninsured vehicle?
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.
14 minutes | Mar 8, 2021
#110 – Documentation in the Personal Injury Commission
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
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