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Opinion
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TAC's new client app: MyTAC
22nd Jun 2017The Victorian Transport Accident Commission has produced an app specifically designed for people injured in transport accidents.
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Connellan v Murphy [2017] VSCA 116
15th Jun 2017This recent Supreme Court of Victoria Court of Appeal decision permanently stayed proceedings relating to the alleged sexual assault of a minor in 1968.
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How to protect your client's TPD money
8th Jun 2017There are simple strategies that can be implemented to make the most of any TPD claim, particularly minimising tax payments and maximising other benefit entitlements.
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TAC’s new rapid payment scheme
11th May 2017A most welcome and far-sighted scheme is about to be rolled-out by Victoria’s Transport Accident Commission (TAC).
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‘Special Financial Assistance’ for Victorian victims halved since
4th May 2017The VOCAT can only offer victims of the worst crimes, with the worst outcomes, up to $10,000 for any grief, distress, trauma or injury.
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Melbourne wall collapse: compensation under the Sentencing Act
20th Apr 2017Recent compensation settlements involving the families of pedestrians killed by a wall collapse highlight a rarely used avenue of compensation: claims under the Sentencing Act 1991 (Vic).
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Workers compensation and human rights
13th Apr 2017Since the enactment of the Charter of Human Rights and Responsibilities (Charter) in 2006, it has been necessary for Victorian legislation to be compatible with the 20 basic human rights set out in the Charter.
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The slippery grape strikes again
6th Apr 2017The recent New South Wales District Court decision in Guru v Coles Supermarkets Australia Pty Ltd (2016) NSWDC 349 further illustrates the duty owed by supermarkets to lawful entrants to their stores.
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Why practitioners should review their TAC files
30th Mar 2017A recent Victorian decision which provides that up to $20,000 extra for lost earnings is available to victims of transport accidents where the conduct involved a crime.
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Racism is bad for business
23rd Mar 2017Proposals in the parliamentary committee report on s18C of the Racial Discrimination Act 1975 (Cth) to limit access to the Australian Human Rights Commission (AHRC) should be resisted.
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Withdrawing and substituting issued bills of costs: can it be done?
16th Mar 2017This article focuses on the rights of solicitors. In particular, whether or not solicitors have the right to withdraw an invoice issued to their client and substitute it with an itemised bill of costs claiming higher fees than the original invoice.
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Pain and psychological conditions
9th Mar 2017Pain and psychological conditions: ‘which comes first, the chicken or the egg’?
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Complex regional pain syndrome: a diagnostic challenge for clinicians
2nd Mar 2017Complex Regional Pain Syndrome (CRPS) is a condition that is frequently disputed in personal injury compensation claims. Even for clinicians who regularly see cases of CRPS it can represent diagnostic difficulties. For other clinicians who see cases of CRPS less frequently, it maybe wrongly referred to as Chronic Regional Pain Syndrome or Chronic Pain Syndrome.
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Pain medicine physicians and pain management programmes
23rd Feb 2017Pain medicine is a relatively new medical speciality that can be used to assess personal injury cases where pain is a major contributing component to impairment and disability. This article outlines the specialist training, examination and expertise that distinguishes pain medicine physicians from other medical specialists and the difference between a pain medicine physician and pain management programmes (PMPs).
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Nervous shock & psychiatric claims after the loss of a child
16th Feb 2017The law in Australia as it currently stands has the capacity to compound a parent’s grief in such circumstances and generate more than justified contempt towards the legal system. Particularly given the widely accepted view across the community would be that entitlement to compensation in such horrific circumstances would be considered both reasonable and appropriate.
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Interim ban on ethanol burners after a spate of accidents & injuries
9th Feb 2017In late 2016 there were a number of announcements about the interim, 60-day, banning of ethanol burners in Queensland, and across other states and territories. The bans followed 38 incidents in Queensland and 117 in total across Australia since 2010.
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Teen burn victim claims against party host
25th Jan 2017In 2013, a 16-year-old girl suffered third degree burns to 42% of her body at a house party when a teenage boy poured an accelerant on to an open fire at a house party. In July 2016, the Brisbane Times reported that the young woman is attempting to claim almost $12m in compensation for her ordeal.
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The first interview with injured clients
19th Jan 2017I’ve interviewed thousands of injured clients, some with minor injuries, and others with the worst injuries imaginable. Every interview is different.
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How is the PI compensation process affecting your client’s recovery?
12th Jan 2017The experience of a long, complex and at times adversarial legal process pursuing personal injury (PI) compensation with the need for multiple health assessments and delays in receiving funds has been shown to increase stress and recovery time for injured people.
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Liability to entrants to the family castle
7th Dec 2016The Supreme Court of Queensland’s decision in Chandler v Silwood [2016] QSC 90, delivered by Holmes CJ and recently upheld on appeal, further highlights the duty of care owed by owner/occupiers of family homes towards those lawfully entering the property.
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