Hit and run driver ordered to pay injured passenger compensation!
Published 09 Apr 2019
If you are a passenger, driver or pedestrian who have been involved in a motor vehicle accident which is the fault of another party, you may be entitled to receive fair and reasonable compensation if you have suffered serious injuries, losses and damages due to the negligence of the other driver.
Sexual Abuse National Redress Scheme Faces Payout Problems
Published 21 Jan 2019
Since its launch in July 2018, the number of sex abuse victims that have received compensation from the National Redress Scheme is significantly below original estimations.
Does the NRL have a sexual assault and domestic violence problem?
Published 16 Jan 2019
While it may be one of the most popular sports in the country, stories relating to the NRL aren't detailing its successes - instead, the media is drowning in reports of sexual assault allegations against some team's biggest players. But is the NRL doing enough to protect women from sexual assault or domestic violence?
What home care costs can I receive from a public liability claim?
Published 20 Dec 2018
Compensation received from public liability claims in Queensland can cover more than just medical costs. Household costs are also put into consideration by courts, as are personal care needs. While injured parties are recovering, there are many things they'll no longer be able to do, like gardening or driving a car, so these considerations are very important.
How have dispute resolution processes changed for workers compensation claims?
Published 19 Dec 2018
Between 2015-2016, there were 104,770 serious workers' compensation claims in NSW, according to Safe Work Australia. While some of these claims were successful, many were not. This is where the dispute resolution comes in. This service helps rejected claimants challenge a previous decision before it becomes so big that a tribunal or court is required.
National Redress Scheme for Sexual Abuse in Australian Institutions
Published 18 Dec 2018
The Federal Government following the Royal Commission into institutionalised sexual abuse has set up a National Redress Scheme to ensure that thousands of victims of sexual abuse that were underage have an automatic right to claim some predetermined damages and money from these large institutions.
Am I liable for compensation if I donate food and someone gets ill?
Published 18 Dec 2018
Bake sales, pot lucks and charitable events are three examples of when someone may donate food. While generous, sometimes such gestures can result in cases of food poisonings. But what happens if you donate food and someone becomes ill as a result? Are you liable for compensation under the Civil Liability Act?
Are airlines ignoring sexual assault?
Published 14 Dec 2018
They're the first responders to medical emergencies, deal with in-flight fires and evacuations, as well as handling bomb threats - all while ensuring each and every passenger has a safe and comfortable flying experience from take off to landing. However, it seems flight attendants aren't afforded the same level of care from fellow employees and passengers.
Will the Royal Commission for Aged Care result in more nursing home negligence claims?
Published 13 Dec 2018
On Tuesday 9 October, Prime Minister Scott Morrison announced the Terms of Reference for the Royal Commission into Aged Care Quality and Safety. But what is this and how will it impact those living in aged care?
How does the NSW Lifetime Care and Support Scheme work?
Published 11 Dec 2018
In 2017, there were a total of 12,141 serious injuries caused by motor vehicle incidents on NSW roads, according to Transport for NSW. This astronomical figure is why the state continues to be the worst for serious injuries and fatalities caused on Australian roads.
What procedural steps must I take when claiming injury compensation?
Published 10 Dec 2018
Any individual who has been injured as a result of another's negligent actions is eligible to claim for damages under the Personal Injuries Proceedings Act 2002. But what are the procedural steps that must be taken when claiming for such an injury?
A Guide to Legal Costs for a Compensation Claim
Published 03 Dec 2018
The following is guide to explain legal costs and what you could expect to recover from a defendant when making a claim.
How often are NSW workers injured?
Published 29 Nov 2018
Slips, trips and falls are just three of the most common workplace accidents. However that's just the tip of the iceberg. No matter the industry you work in and no matter how safe you think it may be, incidents can occur unexpectedly, causing an array of injuries. But just how often are NSW workers injured on the job?
What are the differences between economic and non-economic losses?
Published 31 Oct 2018
u could be entitled to damages for both economic and non-economic losses after an injury, but what does this mean? We can explain the key differences.
Are pedestrians entitled to motor vehicle accident compensation?
Published 30 Oct 2018
Unfortunately, the number of pedestrian fatalities caused by motor vehicle accidents continues to increase in Australia. In 2018, 182 people died as a result of the aforementioned accidents - a 12.3 per cent increase from the previous year.
What forms must I fill out to claim car accident compensation?
Published 29 Oct 2018
In 2015, there were 7,850 'on-road' recorded traffic crashes in the Australian Capital Territory (ACT), according to the ACT Government. This involved 15,358 vehicles, and resulted in 813 casualties - including 131 hospital admissions and 15 fatalities.
Are workers compensation reforms harming vulnerable Australians?
Published 26 Oct 2018
In 2012, the NSW Government overhauled the Workers Compensation Act 1987 (section 39). Since its implementation in 2017, many Australians have been left vulnerable after losing their weekly workers compensation benefits.
Are cosmetic surgery customers at risk of medical negligence in Australia?
Published 22 Oct 2018
From liposuction to botox, it seems Aussies can't get enough of cosmetic surgery. In the last year alone, more than 500,000 cosmetic procedures were performed, making Australia the country with the most cosmetic surgery operations per capita, according to the Australian College of Cosmetic Surgery.
Are priests legally obliged to report sexual abuse confessions
Published 17 Oct 2018
The topic of sexual assault in the church continues to fill the pages of news publications around Australia. In recent weeks, the subject has reached new heights in the wake of recent responses to the amended law surrounding reporting child abuse heard in confessional.
Can I make a slip, trip and fall claim for a workplace injury?
Published 15 Oct 2018
While they form the basis of slapstick comedy routines, slips, trips and falls are no laughing matter. In Australia, between 2003 and 2015, such incidents caused the death of 386 workers and led to 23 per cent of serious workplace compensation claims, according to Safe Work Australia.
What do these common public liability terms mean
Published 12 Oct 2018
Navigating public liability claims can be confusing and time consuming. You may have heard certain terms before when reading about legal cases or watching television shows about the law, but when you're dealing with these claims yourself, you may not know where to start.
Am I entitled to medical expenses after a car accident?
Published 10 Oct 2018
If you have been injured in a motor vehicle accident, you may be eligible to receive compensation. However, there are guidelines in place that will affect the outcome of your claim. Understanding compulsory third-party (CTP) insurance and when it applies is the first step.
Is car accident compensation available when a child is at fault?
Published 08 Oct 2018
Up to a certain age, children do not receive the same sentences or punishments as adults do for illegal activities. But what happens if a child causes a motor vehicle accident? Will they still be able to get accident compensation? What if they are only partially to blame?
Can I sue a nurse for negligence?
Published 05 Oct 2018
Our research indicates that around 25 per cent of all medical negligence cases involve poor services administered by a nurse. Although you may be eligible to receive compensation if you have experienced nursing negligence, there are a few things to keep in mind when going through the process.
Indexation of Statutory Weekly Benefits for Accidents After 1 Dec 2017
Published 04 Oct 2018
All GMP clients who are receiving weekly benefits from the CTP Insurers should be aware that their weekly benefits are subject to indexation. Insurers as at the 1st October 2018 were required to apply a 1.6% increase to their pre-accident weekly earnings.
I hurt myself playing sports. Can I make a public liability claim?
Published 28 Sep 2018
Between 2013 and 2014, an estimated 60 per cent of Australians aged 15 years and over participated in a sports activity at least once, according to the Australian Bureau of Statistics. However, in the previous year, 7,500 people were hospitalised for some form of sport-related injury, states further government data.
Should I settle or go to court during a public liability claim?
Published 26 Sep 2018
Public liability claims enable you to recoup the financial and emotional costs of suffering an injury due to someone else's negligence. Defendants regularly offer monetary settlements to claimants, particularly if they acknowledge liability and believe they would lose in court.
Is permanent impairment compensation paid when a worker dies
Published 25 Sep 2018
If a worker is injured on the job, they are likely eligible to receive benefits. In addition, the Workers Compensation Act 1987 indicates that if they can prove permanent impairment, they could gain additional funds. A recent death in NSW brought into question what the term 'permanent impairment' meant under the Act.
Am I entitled to damages for pain and suffering from a car crash
Published 21 Sep 2018
In the state of New South Wales (NSW), more than 30 people are hospitalised by motor crashes each day, according to NSW Government data. If you have been involved in a car accident recently, you're probably wondering what a claim for pain and suffering is actually worth.
How does workers' compensation play out in the gig economy?
Published 11 Sep 2018
The gig economy continues to rise in Australia. This trend means that more people are taking on freelance, temporary or contract jobs instead of traditional employment positions.
How Has the Catholic Church Responded to Abuse Claims in Australia
Published 07 Sep 2018
Almost nine months after the Royal Commission into Institutional Responses to Child Sexual Abuse released its report, the Australian Catholic Church has finally responded.
How would new consent laws affect NSW sexual assault cases?
Published 28 Aug 2018
The NSW government may be implementing new laws soon regarding consent, the Sydney Morning Herald reported. The push came after extensive media coverage for a high profile sexual assault case involving a son of the owner of a big Kings Cross nightclub.
What's the difference between negligence and a mistake?
Published 22 Aug 2018
Determining if someone was negligent when an injury occurred is dependent on a number of factors. However, there are guidelines in place under the Civil Liability Act that indicate how to determine negligence.
What should I do if I experience sexual harassment at work?
Published 13 Aug 2018
Sexual harassment in the workplace can be scary and confusing. You may be unsure about what constitutes harassment, and whether or not what you are experiencing would qualify. If you think you have been mistreated in this way at work, there are steps you can take to report the behaviour and ensure that it stops.
How do medical assessments affect car accident damages claims?
Published 07 Aug 2018
Filing a claim after a car accident can be stressful and daunting, especially because you may have already experienced a traumatic accident. You probably do not feel like dealing with the insurance and legal requirements that follow. But if you were injured in the car accident, you may be able to receive accident compensation.
Are workers' compensation laws about to change?
Published 01 Aug 2018
The NSW government announced in May that workers who have been injured on the job will now have access to experienced lawyers. This is a huge step forward for the entire workers' compensation system, which has recently been strained.
Are good samaritans liable for injuries they cause?
Published 26 Jul 2018
When you see someone in distress or injured, your first reaction may be to try and help. While good samaritans take these actions all the time, it can be hard to navigate what happens when an individual who is trying to help cause an injury. Are they then liable for that injury when they had good intentions?
What defines 'consent' in NSW?
Published 19 Jul 2018
The definition of ‘consent’ in NSW encompasses a number of key determinations. Read on to see what these important terms are.
How vital is consent and communication in a medical negligence case?
Published 12 Jul 2018
Without patient consent, any medical action taken could be seen as negligent. Here are the details on checking if you’re faced with a medical negligence case.
What are workers compensation provisional payments?
Published 09 Jul 2018
Workers compensation provisional payments entitled those injured at work to initial payments to help with outset medical and other expense. Read on for more!
What compensation is available for fatal vehicle collisions?
Published 06 Jul 2018
If you or your family member is involved in a fatal vehicle collision in NSW, there are different ranges of compensation available depending on who’s at fault.
Can I still secure compensation from a liquidated business?
Published 02 Jul 2018
Just because a business has folded doesn’t mean you can’t claim public liability compensation from it - let Gerard Malouf & Partners help!
I signed a safety waiver. Can I still claim compensation?
Published 26 Jun 2018
You may be asked to sign a safety waiver before performing certain activities, but does this prevent you from making a public liability claim if you get hurt?
Can I claim workers compensation for past injuries?
Published 14 Jun 2018
Not all work-related injuries or diseases are immediately obvious. Some come and go with time, or increase with severity as you age. But can you still claim?
Which road users are most at risk in NSW?
Published 12 Jun 2018
More than 400 people have lost their lives on the state's roads over the last 12 months, according to Transport for NSW. Which road users are most vulnerable?
What are the differences between sexual assault and harassment?
Published 29 May 2018
A growing number of men and women are coming forward with allegations of sexual assault and harassment they have suffered. But how do these offences differ?
How can I afford to make a medical negligence claim?
Published 25 May 2018
Many people assume they can't afford to pursue a medical negligence claim in case they lose, but there is hope for plaintiffs who have been injured.
Is it illegal to have consensual sex with someone who lies about their age?
Published 21 May 2018
The legal age of consent for sexual interactions in NSW is 16. This means that anyone who has sex with someone aged under 16 is likely to be found guilty of a sexual offence, even when both parties are willing participants. But what about when someone lies about their age?
What kinds of public liability insurance cover businesses?
Published 18 May 2018
When you are injured due to the negligence of an organisation or individual, you may be entitled to public liability compensation. The insurer who has provided cover for the business in question is typically the defendant in these cases and is responsible for payments if liability is proven.
Costs covered by WIRO for Travel and Associated Expenses
Published 17 May 2018
The Workers Compensation Independent Review Office (WIRO) is a Department, set up by the Government, which provides grants of funding to lawyers who investigate workers compensation matters on behalf of injured workers.
What is the Ellis defence in child abuse claims?
Published 16 May 2018
A legal defence that the church has used to avoid paying out child abuse compensation is likely to be abolished in Victoria. The Ellis defence meant survivors of abuse could not target church assets when seeking monetary redress, leaving them with fewer avenues for justice in court.
What is causation in a public liability claim?
Published 14 May 2018
Causation is a crucial element of public liability law, as plaintiffs must prove that an organisation or individual's negligence was responsible for their injuries. Let's take a look at how the Civil Liability Act 2002 governs causation in public liability claims across NSW.
Can I get a CTP refund following recent NSW reforms?
Published 09 May 2018
The NSW government reformed compulsory third-party insurance in the state last year, and the changes mean that some motorists may be in line for a refund. Our latest article explains what reforms occurred, who might be eligible for a refund and how to claim back any money you may be owed.
Did Oakden's aged care facility commit nursing home negligence?
Published 08 May 2018
The Oakden scandal rocked South Australia in 2016, as stories began to emerge about alleged elder abuse and neglect at the Adelaide facility. While the nursing home was ultimately closed in April last year, a number of inquiries are ongoing regarding what happened at Oakden and who was to blame.
Is the Workers Compensation Independent Review Office closing?
Published 07 May 2018
The Workers Compensation Independent Review Office helps people who have been rejected for benefits have their claims reassessed. However, the agency may be set to close following recommendations set out in a recent state government discussion paper about workers compensation disputes.
Social media and proceeding with caution in Insurance Cases
Published 24 Apr 2018
In this digital media age there is an increasing use of social media applications such as Facebook, Instagram, Snapchat, Twitter, LinkedIn, Pinterest and YouTube accounts.
How does car accident compensation apply in fatal crashes?
Published 16 Apr 2018
The Motor Accidents Compensation Act 1999 enables people who are seriously injured in vehicle crashes to seek damages for lost income, medical expenses and other costs resulting from the incident. But what happens when road users are killed in collisions?
Who handles dispute resolution for NSW workers compensation claims?
Published 16 Apr 2018
Workers compensation is meant to provide financial support to staff who are injured or become ill while performing their duties, but not all claims are approved. Dispute resolution can be a complex process, so let's examine who handles workers compensation complaints in NSW.
What measures are in place to tackle dangerous doctors?
Published 11 Apr 2018
Australia's health care system is one of the most sophisticated in the world, but mistakes can still be made. Most medical practitioners perform a difficult job in challenging circumstances, but patients must still be protected from dangerous doctors who put people's lives at risk.
Can I make a public liability claim for shoddy workmanship?
Published 09 Apr 2018
Public liability claims are designed to compensate you for any injuries you may suffer as a result of someone else's negligence, including accidents that occur on private properties. But does this extend to injuries caused by shoddy workmanship and low-quality manufacturing?
What are the most common car accident injuries in Australia?
Published 02 Apr 2018
Car accident injuries can range from relatively minor ailments to life-threatening or even fatal problems. In NSW, compensation is available to people who are harmed in motor vehicle accidents, but what types of injury are commonly claimed for? We examined the latest research to find out.
What sex abuse claims have been made against Cardinal Pell?
Published 30 Mar 2018
Cardinal George Pell is a senior Catholic Church leader who is facing charges of sexual abuse in Australia. But what accusations have been made against the 76-year-old? Read on to learn more about this potentially landmark case, including the cardinal's relationship to Pope Francis.
Pinning* One’s Hopes on a Hip Replacement – Leg Lengthening and Nerve Injury
Published 30 Mar 2018
Over 40,000 hip replacements are performed in Australia each year. The numbers of such surgeries are steadily rising given that the baby boomers are now in their late 60’s and 70’s, the time in life when such surgery is typically performed.
Why GMP is Different - A memo to staff & clients from Gerard Malouf
Published 21 Mar 2018
Often we don’t reflect on how far we’ve all come as individuals and as a team at GMP (Gerard Malouf and Partners). I’m not falsely inflating the self-worth of individuals at GMP, but I think staff should revel in the fact that as individuals and as a team we have and will continue to provide exceptional service and results for our clients.
Are workers compensation and work injury damages claims different?
Published 20 Mar 2018
Workers compensation and work injury damages may sound similar, but they refer to different types of financial redress for employment-related injuries. Let's examine examples of how they differ and the ways in which people can pursue a claim for each kind of incident.
Does using restraints constitute negligence in nursing homes?
Published 16 Mar 2018
Nursing homes have a duty of care to their residents just as medical practitioners have a similar obligation to their patients. Physical restraints are sometimes used in aged care facilities, but are these practices legal? And can nursing homes be found negligent for relying on physical restraints?
What is the #MeToo movement?
Published 15 Mar 2018
The prevalence of sexual assaults and harassment has dominated headlines in the wake of the Harvey Weinstein scandal, prompting women and men to come forward about their own experiences. This has sparked a number of social media-led movements, including #MeToo.
Breast Augmentation – An Unqualified Warning
Published 15 Mar 2018
From time to time the medical profession throws up its share of people who bend the rules to breaking point and don’t provide the treatment, care and outcomes that patients deserve. We are currently investigating a number of cases against a high profile but unqualified plastic surgeon who obtained notoriety waking patients during surgery.
Can I claim compensation for injuries sustained on flights?
Published 13 Mar 2018
Accidents can happen anywhere, which is why public liability laws are in place to ensure people can pursue compensation if they are injured due to someone else's negligence. But can individuals claim for injuries on flights? And what jurisdictions can people claim under?
GMP Hackathon Entry Courtcover
Published 03 Mar 2018
2018 Hackathon Entry
Gerard Malouf and Partners wins the Sydney Round of the First Global Legal Hackathon
Published 02 Mar 2018
Kicking off on the 23rd of February 2018, the GMP team dug deep to compete in a 54 hour event against the best legal firms in the country. Amongst the top corporate firms, our junior solicitors used their practical skills and tenacity to rapidly develop a solution to real world problems faced by the legal industry.
Review: Neglected Heads Of Damages – Domestic Care And Assistance
Published 26 Feb 2018
Matter of Ozbayrak V Tekeli (2017) was a NSW District Court motor accident case which was heard by Justice Dicker in September of 2017.
Decisions on contributory negligence in NSW motor vehicle accident claims
Published 23 Feb 2018
The Plaintiff brought proceedings in relation to a personal injury claim for compensation arising out of a motor vehicle accident on 27 July 2011.
Can you sue a doctor for misdiagnosis of a terminal illness?
Published 20 Feb 2018
The misdiagnosis of an illness can have a devastating impact on a patient's recovery. In worst-case scenarios, diseases may have progressed to the point where they are terminal. Are doctors negligent if they fail to correctly diagnose a serious illness?
What Should You Do If You Fall and Injure Yourself in a Supermarket
Published 18 Feb 2018
Whether you shop at Redlynch or Runcorn, we have all been to the supermarket and seen lettuce leave or grapes lying on the floor in the fresh food area, a streak of sauce or liquid in the isle, or seen that yogurt tub dropped and split spilling its contents on the floor.
An Overview of Jeffery v Gowing Bros Ltd t/as Pacific Coast Shopping Centres  NSWDC 267
Published 15 Feb 2018
This is an interesting occupier’s liability case where the Plaintiff sued the Defendant for negligence arising from injuries suffered from slipping and falling on a wet travellator.
Personal Injury Compensation Claims for Children
Published 08 Feb 2018
If your child is injured due to someone else’s negligence, then you may be able to make a claim on their behalf for personal injury.
Recreational Service Providers in NSW Rely Upon Waivers at Their Own Risk
Published 31 Jan 2018
We have all had the experience of going to a children’s party, a gym or some form of recreational activity and being asked to sign a form waiving our rights (or those of our children) to claim compensation if we are injured in the course of the activity.
Beware Medical Indifference - Parechovirus in Infants and Young Children
Published 29 Jan 2018
The first Australian cases of Parechovirus were reported in Sydney in 2013. Although the virus itself is relatively new to Australia, Parechovirus has been known to medical science since the 1950’s and has dozens of different strands (HPeV’s), all of which are a closely related to a large family of Enteroviruses, which cause commonly known diseases such as Polio.
Have you received notice that your weekly benefits will be cut off pursuant to s 39 of the Workers Compensation Act 1987 (NSW)?
Published 17 Jan 2018
If you have received notice that your weekly compensation payments will be cut off after the 260 week period do not ignore this notice. Contact Gerard Malouf & Partners Compensation Lawyers for a free consultation to discuss your rights in relation to the cessation of your weekly compensation payments.
How many women have accused Harvey Weinstein of sexual misconduct?
Published 05 Jan 2018
The Harvey Weinstein scandal opened up the floodgates on sexual harassment in the film industry. Since the story originally broke in October, multiple women have come forward with allegations of misconduct ranging from harassment to rape.
Can I claim compensation for a hit-and-run car accident?
Published 04 Jan 2018
It is customary to swap insurance and contact details with drivers when you are involved in a motor vehicle accident. But what happens when the incident is a hit and run? Can you still pursue car accident compensation? Let's take a closer look at hit-and-run crashes.
Can I make a workers compensation claim for stress?
Published 03 Jan 2018
If you injure yourself in a work-related incident, you can expect to receive workers compensation in NSW until a time when you can return to your job. But can you receive payments for mental health problems such as stress or anxiety? Let's find out.
What plastic surgery trends will be popular in 2018?
Published 29 Dec 2017
Plastic surgery can help people overcome self-esteem issues by improving their physical appearance, but what trends will be popular in Australia next year? We looked at expert analysis to predict some of the cosmetic procedures likely to appeal to consumers in 2018.
What are the maximum criminal penalties for child abuse in NSW?
Published 28 Dec 2017
Children who are sexually abused often suffer significant short- and long-term effects to their mental and physical health. Taking into account the seriousness of these crimes, NSW reviewed its sentencing powers regarding child sex abuse in 2015. So what are the new maximum penalties for offenders?
Are professional sports considered 'recreational activities'?
Published 27 Dec 2017
The Civil Liability Act 2002 (NSW) governs the rules that enable people to claim compensation if they are injured due to the negligence of another person or organisation.
Cruise Ship Accident Injuries and Your Right to Compensation
Published 27 Dec 2017
With new cruise terminals having been built or planned up and down the east coast, including Sydney, Brisbane, Gold Coast and Townsville, and new routes and growth in cruise ships docking in many major centres everywhere, from Cairns to Tasmania, it is plain to see that Australians have embraced cruising and that it is a significant growth industry that is here to stay for the foreseeable future.
Victims of institutional sexual abuse with a potential legal claim - URGENT ADVICE
Published 20 Dec 2017
Please be aware of imminent changes to Common Law regarding sexual abuse cases not yet commenced in Court following the conclusion of the Royal Commission into institutionalised sexual abuse.
Can dentists be held liable for medical negligence?
Published 14 Dec 2017
Dentistry is one of Australia's most well respected professions, but mistakes still occur. Find out whether you can make a medical negligence claim.
How much salary will I receive through workers compensation?
Published 13 Dec 2017
Workers compensation provides employees who are injured or ill with an income stream while they recover. But how much are you eligible to receive?
What are the warning signs that a child is being sexually abused?
Published 12 Dec 2017
Victims of child abuse may not disclose their experiences for years or even decades afterwards. How can loved ones spot that a child is being abused?
What is the $4 billion child abuse national redress scheme?
Published 11 Dec 2017
The Federal government has tabled a national redress scheme to provide compensation for abused children, but how will the initiative work?
What child abuse occurred within the Salvation Army?
Published 08 Dec 2017
The Salvation Army is one of Australia's longest-running charitable organisations, but recent allegations of historical child abuse have come to light.
What is the official process for reporting workplace injuries?
Published 07 Dec 2017
Both workers and employers should follow certain protocols when reporting injuries to ensure any compensation claims are handled smoothly.
Can I get compensation for a car accident involving an animal?
Published 05 Dec 2017
nimals on the road can be both annoying and dangerous - are drivers and riders who have been injured by animals entitled to compensation?
Can I claim compensation for injuries sustained on public transportation?
Published 01 Dec 2017
Getting injured on public transportation is unfortunate - luckily, NSW residents can make a public liability claim with the help of an experience lawyer.
The Royal Commission into Institutional Responses to Child Sexual Abuse has shone a spotlight on molestation, leading to the announcement of new laws
Published 28 Nov 2017
Why is NSW reviewing its plastic surgery clinic regulations?
Published 22 Nov 2017
There have always been risks associated with plastic surgery, but why is NSW suddenly reviewing its current regulations regarding these operations?
What claims can't I make under the Civil Liability Act?
Published 21 Nov 2017
Public liability claims cover a broad number of events that result in injuries or illnesses, but there are some instances where you can't pursue damages.
What are my options if a workplace injury was due to negligence?
Published 20 Nov 2017
Australians are entitled to workers compensation for any injuries they suffer during the course of their jobs. But what if your employer was negligent?
Can I make a public liability claim for mental harm?
Published 20 Nov 2017
Many people wonder if they are eligible for compensation when they suffer mental harm due to an accident. Let's find out.
What recommendations has the commission made to stop child abuse?
Published 17 Nov 2017
The Royal Commission into the Institutional Responses to Child Abuse has delivered 85 recommendations to prevent children being sexual abused.
Should I pursue my medical negligence claim?
Published 16 Nov 2017
If you've suffered injuries or illnesses due to alleged medical negligence, you will want to claim compensation. But not all claims are worth pursuing.
Injury List Pro-Forma
Published 15 Nov 2017
Assessments under the Workers Compensation NSW, Workers Compensation Scheme are in accordance with the protocol provided by the American Medical Association (AMA 5th Edition) and the Work Cover guides for the evaluation of permanent impairment.
What are the time limits for making a car accident compensation claim?
Published 15 Nov 2017
Car accident compensation claims have time limits in NSW. Find out how long you have to pursue damages under the Motor Vehicle Compensation Act.
What are the signs of elder abuse?
Published 07 Nov 2017
Elder abuse can happen anywhere. But if loved ones suffer abuse at an aged care facility, you may be able to pursue compensation.
What are my options if a work injury left me disabled?
Published 06 Nov 2017
The NSW workers compensation system provides additional financial support for those who sustain a permanent impairment while performing their job.
What are the symptoms of whiplash?
Published 03 Nov 2017
Whiplash is a common car accident injury in NSW, but how do you know if you have it? Find out the key symptoms of whiplash here.
What are NSW's drink driving limits?
Published 02 Nov 2017
Drink driving is a major cause of car accidents in NSW. But how much alcohol can Australians consume before it's illegal to get behind the wheel?
Does my Centrelink benefit affect my compensation claim?
Published 01 Nov 2017
If you are claiming compensation as a result of a motor vehicle accident or someone else’s negligence, it is possible that your Centrelink benefit will be affected.
Woolworths Ltd v McQuillan  NSWCA 202 - What does this decision mean for my slip and fall claim?
Published 31 Oct 2017
The matter was heard in the District Court of Sydney. The Judge, Justice Maiden SC, found for the Plaintiff in that the Defendant (Woolworths) had failed to properly implement their system of cleaning and inspection just prior to and after the opening of the store because there had been no one specifically assigned to the produce section of the store at the time of the incident.
What compensation is available to victims of sexual abuse?
Published 30 Oct 2017
Victims of sexual abuse may be eligible for compensation for their suffering. Read on to find out how you can access financial redress.
Return to Work Programs
Published 23 Oct 2017
Safe Work NSW, who takes a leading role in advancing policy to upgrade work health and safety and workers’ compensation policy, has helped create specific rules regarding return to work programs.
What are my options if a workers' compensation claim is rejected?
Published 26 Sep 2017
Workers' compensation provides financial support for people who suffer employment-related injuries or illnesses. But what happens when claims are rejected?
How has the Catholic Church responded to child abuse allegations?
Published 12 Sep 2017
How have Australian church officials responded in the wake of revelations from the Royal Commission into Institutional Responses to Child Sexual Abuse.
Can I claim compensation for a faulty product?
Published 08 Sep 2017
Poorly designed products can cause significant injuries, but what are your rights to compensation? Let's explore the product liability claims process.
Ballandis v Sweebs – The importance of early identification of your injuries
Published 31 Aug 2017
Ballandis v Sweebs  was a trial heard by Justice Smith as to the quantum of a motor vehicle accident claim. On 18 May 2010, the plaintiff was a passenger in a utility vehicle which rolled over when two lanes merged into one and his vehicle was cut off.
Asbestos and Asbestosis
Published 31 Aug 2017
The widespread use of asbestos in Australia has left a deadly legacy with the potential to impact the entire Australian community. What is asbestos exactly? The Australian Government describes asbestos as a term for a collection of six naturally occurring mineral fibers divided into the serpentine group and the amphibole group.
How safe are heavy trucks in NSW?
Published 16 Aug 2017
The safety standards of heavy vehicles are an important issue, as their significant size and weight can make them extremely dangerous in road traffic accidents. This is why the results of a recent investigation into the state's trucks have caused concern.
How much medical negligence compensation do NSW hospitals pay?
Published 14 Aug 2017
NSW public hospitals provide an essential service through well-trained medical professionals, but negligence can occur when standards slip.
Are there time limits for child sex abuse compensation claims?
Published 01 Aug 2017
Compensation is available to survivors, and while money will never remedy the harm they have suffered, many claimants feel it is a step in the right direction towards receiving justice.
Claimant duty to cooperate with insurers in relation to court proceedings
Published 24 Jul 2017
The recent findings of Justice Burns of the Queensland Supreme Court the matter of Behrens v Nguyen and Anor  QSC 14, provide an interesting commentary on a claimant’s duty to cooperate with insurers in relation to motor vehicle accidents.
The Nominal Defendant v Cordin  NSWCA 6
Published 05 Jul 2017
On 2 September 2012, Mr Michael Cordin was riding along Minyon Falls Road in the Nightcap National Park, NSW when he fell off his bicycle and suffered serious injuries, including a severe injury to his head.
Legal Obligations for those in Accidents and Regulations for Public Vehicles
Published 19 Jun 2017
This article has a twofold purpose. It will discuss legal obligations for those persons involved in car accidents. The latter part of the article will deal with the special rules of the road for public vehicles.
Published 14 Jun 2017
An expert witness is an individual who has been permitted to give evidence about a particular field relevant to your case.
Sexual Abuse in Australian Institutions
Published 29 May 2017
It may surprise some to know that in Australia, sexual abuse permeates many organizations, not just the Catholic Church. Although the focus of this article concerns misdeeds committed at these institutions, it is worth noting that such behavior also involves people in positions of trust such as doctors, teachers, psychologists, and psychiatrists.
Can taxi drivers make motor accident compensation claims?
Published 26 Apr 2017
Do you drive a taxi? If so, you may be wondering whether you'd be entitled to compensation following a motor accident. Read on to find out.
5 Questions You Should Ask Your Medical Negligence Claim Lawyer Before Engaging
Published 17 Mar 2017
If you’ve been unfortunate enough to fall victim to medical negligence or medical malpractice, it’s imperative that you seek professional assistance as soon as possible in order to claim compensation and protect your future.
4 Key Steps to Take Before Pursuing a Professional Negligence Claim
Published 17 Mar 2017
Professional services of one kind or another are the daily engine that keeps much of Australia ticking over, but the quality of providers across different areas of expertise can often vary considerably. While human error is a factor in any profession, there is also, sad to say, a large number of genuine charlatans out there looking to snare the unwary.
How can my superannuation policy help with a Total and Permanent Disability?
Published 24 Feb 2017
TPDs can have a devastating impact on your financial and emotional health, but did you know your superannuation fund may provide assistance?
What do you do if you find asbestos in your home?
Published 15 Feb 2017
With the number of renovations increasing throughout Australia, it’s important that people understand what to do if they come across asbestos.
NSW residents seeking compensation for car accidents in South Australia
Published 14 Feb 2017
Australian’s generally like to travel interstate for holidays and it is not uncommon for NSW residents to be involved in car accidents in South Australia.
What are Australians doing to combat asbestos exposure?
Published 08 Feb 2017
Asbestos was banned in 20013 but continues to be discovered by Australian residents. What are authorities doing to change this?
Bad news for injured victims in one vehicle blameless accidents
Published 02 Feb 2017
The recent decision by the Court of Appeal in Whitfield v Melenewycz has had a bad result for these accident victims in which are involved in these one vehicle blameless accidents.
Dowedeit v Nominal Defendant  NSWDC 182 – Man awarded $174,550.00 in “blameless accident”
Published 30 Dec 2016
Dowedeit v Nominal Defendant  NSWDC 182 was a litigated matter which concerned a man who was found on the side of the road after sustaining serious injuries as a result of being hit by an unknown motor vehicle.
Basic differences between a workers compensation claim and a work injury damages claim
Published 19 Dec 2016
One big misconception by injured workers is the belief that once the workers compensation insurer accepts liability in a workers compensation claim, that liability in a work injury damages claim is also accepted.
Blameless accidents – Can you cause the accident and still claim compensation?
Published 02 Dec 2016
The 2006 amendment to the Motor Accident Compensation Act 1999 introduced two no fault schemes into Chapter 1 of the act. The first of which is for “recovery of compensation for blameless accident”.
How Safe Are Our Skies in 2016 and Beyond?
Published 16 Nov 2016
As keen domestic and international travellers, many Australians will doubtless have been concerned about the series of high-profile aviation incidents that have grabbed headlines over the last couple of years.
How Does Australia Measure Up With Medical Negligence?
Published 16 Nov 2016
While the last century has seen astonishing advances across every branch of medicine, the uncomfortable truth is that even a routine trip to the hospital can be a dangerous business.
Is Australia Sleepwalking Towards a Superannuation Disaster?
Published 16 Nov 2016
Regardless of your age, gender, circumstances, physical location, or even what side of the political fence you happen to find yourself on, superannuation is a hot-button issue that will have a major effect on the quality of your future at some stage.
Motor Vehicle Claims: Is the Australian Landscape Becoming Easier to Navigate?
Published 16 Nov 2016
Though Australia’s love affair with the car shows no signs of slowing down, making a motor vehicle claim has never exactly been straightforward. That said, there have been some encouraging signs over the last number of years that could mean motorists are steering towards an increasingly hassle-free future.
Social media is not your friend in litigation
Published 14 Nov 2016
With today’s society increasingly moving to online communication to stay connected, it is important to know what information is being put out into the world for anyone to look at.
Is Prolonged Grief an Injury? A Case Study: Mark Berrell v Western Sydney Local Health District  NSWDC (Unreported)
Published 01 Nov 2016
On 28 March 2012 Cassandra Bridge, 21 years old, died at Nepean Hospital. Nepean Hospital admitted her death was caused by its negligence.
Home births - Health Care Complaints Commission v MacGregor
Published 18 Oct 2016
A recent decision by the Health Care Complaints Commission (HCCC), found that a midwife’s registration be cancelled and she be disqualified from reapplying for re-registration for 3 years.
ALDI Foods Pty Ltd v Young  NSWCA 109 – Court rules for a higher onus on supermarkets to exercise care and safety for shoppers
Published 25 Sep 2016
ALDI Foods Pty Ltd v Young  NSWCA 109 was a fiercely litigated case, which proceeded all the way up to the NSW Supreme Court of Appeal with the outcome being fairly positive for the general public, particularly to shoppers who sadly sustain injuries from accidents in supermarkets due to the negligence of the occupier.
Compensation Claims from a Position of Strength
Published 23 Sep 2016
As a Claimant you have to make sure you put yourself in the best possible position to succeed. By that we mean you must place yourself in a position of strength rather than weakness.
Insurance Australia Limited v Scott  NSWCA 138 – Episode 2; The return of gratuitous attendant care before the Courts
Published 22 Sep 2016
The highly controversial judgment in Scott v Insurance Australia Limited  NSWSC 1249, delivered by Campbell J last year has been appealed and overturned in the NSW Court of Appeal. In Campbell’s J judgement, His Honour held that “attendant care services”, as defined in section 42 of the Motor Accidents Compensation Act (“the Act”), related to such services professionally provided.
Are Proposed CTP Changes Simply Adding Insult to Injury?
Published 21 Sep 2016
The Compulsory Third Party insurance scheme has come in for a significant amount of criticism both nationwide and here in NSW over the years. Though clearly well-intentioned, the scheme’s track record in terms of waiting times and eventual distribution of benefits has been average at best to date.
Blacktown woman awarded significant compensation payout after slipping in shopping centre
Published 09 Sep 2016
A Blacktown woman has been awarded a significant payout after slipping in a shopping centre. As the woman was walking down the aisle she slipped on a liquid which had been on the floor. As a result of the fall, the woman suffered serious injuries to her back, hip, knee along with added psychological injuries.
Gosford man awarded over $1,000,000 following car accident involving cows on road
Published 05 Sep 2016
A man from Gosford has received over $1,000,000.00 following an accident which came by as a result of cows escaping a paddock, and making their way onto a highway. This matter was heard before Judge Cogswell.
Is the CTP Fit For Purpose?
Published 18 Aug 2016
The Compulsory Third Party (CTP) insurance scheme has come in for high-profile criticism of late, and there are serious question marks about its cost structure and performance — particularly in New South Wales and the Northern Territory where it is compulsory.
3 Key Factors to Consider Before Pursuing a Professional Negligence Claim
Published 18 Aug 2016
Though medical negligence cases tend to grab the headlines, the same principles surrounding duty of care apply across a much broader range of professions. Over the years, we’ve successfully represented a huge number of clients in a wide variety of professional negligence claims, and helped them gain suitable compensation with a minimum of fuss and further hassle.
The Do's and Don'ts of Making a Motor Accident Injury Claim
Published 21 Jun 2016
Based on our decades of experience as car accident lawyers, we’ve put together a quick overall guide to the main do’s and don’ts of making motor vehicle accident claims.
Show me the money – Enforcing a judgement debt through the Courts
Published 13 Jun 2016
From our wealth of experience acting for individuals who have suffered harm and injury in public liability matters including but not limited to slip and falls, use of defective consumer products or accidents in the public space through another party’s negligence, one of the first and foremost issues a litigant has to consider is whether the entity it intends to commence legal action against is in fact a solvent entity with sufficient financial assets to meet the award of damages made by the Court.
General Timeline in a Peronal Injury Claim
Published 08 Jun 2016
Download the General Timeline in a Peronal Injury Claim pdf guide here.
General Timeline in a Motor Vehicle Accident Claim
Published 08 Jun 2016
Download the General Timeline in a Motor Vehicle Accident Claim pdf guide here.
How to Steer Clear of Accident Claims by Staying Safe on the Road
Published 26 May 2016
As a nation, we’ve seen some truly impressive improvements in road safety attitudes and awareness over the last four decades. The proof is right there in the statistics – as an example, annual road deaths have fallen from 3,798 back in 1970 to 1,206 in 2015. It’s not all good news though, economists still put the annual cost of road accidents in Australia at an eye-watering $27 billion per annum.
Court sends resounding message- Prepare your case or lose at your peril
Published 25 May 2016
Insurance Australia Limited t/as NRMA Insurance v Melkonyants  NSWSC 503.
Rights of motor vehicle accident victims now thrown into the firing line – Government Proposed Reforms to CTP insurance
Published 23 May 2016
What is now high on the agenda is the NSW Government's intention to introduce a no- fault defined benefits system for victims who have suffered injuries in motor vehicle accidents. The reforms in the most recent options paper released by the Government will effectively shape and change the lives of many Australians.
Rising negligence and injuries in the billion dollar cosmetic surgery industry – are new regulations merely a facelift?
Published 23 May 2016
Cosmetic surgery is a booming industry in Australia. Unfortunately, many unlicensed and questionable operators have also been keen to capitalise on the profits from the boom – which has led to an unprecedented rise in patient complaints, some arising from serious post-surgical complications. This has prompted the Medical Board of Australia to release new guidelines to regulate this area of medicine – but what are these guidelines, and do they go far enough?
Never assume what your legal rights may be; Seek advice!
Published 11 May 2016
In New South Wales, motorists who sustain injuries from motor vehicle accidents are entitled to make a personal injury claim against the compulsory third party insurer of the motor vehicle at fault. Under section 72(1) of the Motor Accidents Compensation Act 1999 (NSW) (the Act), a claim must be made within 6 months from the date of the accident.
What You Need to Know as a Consumer about Product Liability
Published 03 May 2016
Despite the occasional appearance of high-profile class action suits such as the 2015 Vioxx settlement in the headlines, many Australians remain only dimly aware of their rights regarding product liability.
High Court Determines Failure to Warn Principle - Rogers v Whitaker  HCA 58
Published 28 Apr 2016
Maree Whitaker, who had for many years been almost completely blind in her right eye, consulted Dr Christopher Rogers, an ophthalmic surgeon, who advised her that an operation on the eye would not only improve its appearance but would probably restore significant sight to it. Whitaker agreed to the surgery.
Claims for mental harm in South Australia - King v Philcox  HCA
Published 15 Apr 2016
On 10 June 2015, the High Court of Australia handed down a significant decision; King v Philcox  HCA on the contentious issue regarding claims for “mental harm” in South Australia.
Classic Warning Signs of a Potentially Dangerous Office Workplace
Published 05 Apr 2016
At Gerard Malouf and Partners we’re used to regularly handling worker compensation claims across a wide variety of industries. While these cases are often associated with sectors such as construction and mining in the popular imagination, a significant amount of the claims we handle as compensation lawyers involve normal office jobs.
Duty to protect persons from third party violence
Published 29 Mar 2016
Earlier this year we produced an article which discussed intentional torts, such as assault and battery, and how the Civil Liability Act NSW applies to these actions. The article can be found here.
Western Australian hospital ordered to pay over $400,000 in compensation for their negligence during a routine procedure
Published 23 Mar 2016
In the recent Western Australian case of Martin v Minister for Health  WADC15 a 63 year old man brought a claim against the Armadale-Kelmscott Memorial District Hospital for the negligent treatment that he received from the hospital.
Medical Assessment Review Panels must not play “blind freddie” to a person’s medical condition!
Published 17 Mar 2016
Claps v Insurance Australia Limited t/as NRMA Insurance  NSWSC 1881
Intentional acts of violence in New South Wales
Published 09 Mar 2016
NSW Motorists get the raw deal when it comes to road fines and penalties!
Published 09 Mar 2016
Motorists in NSW have arguably been stung with the most vicious parking fines with penalties being three to four times more expensive than those issued in Victoria, in what critics see as unnecessary revenue raising. In NSW, motorists can be prosecuted with 138 different types of penalties, according to the recent list of parking offences published by Roads and Maritime Services.
The curious case of Burton v Martin – Would the fault of any person be sufficient to dismiss a blameless accident argument?
Published 23 Feb 2016
The discussion on what is a blameless accident continues to provoke hair raising questions amongst lawyers. In this article, we consider an unreported decision of Ashford DCJ in Burton v Martin (unreported DC 13 November 2014).
Report your car accident when you can, No ifs no buts!
Published 22 Feb 2016
The preliminary steps required to be taken in ensuring that your legal rights are protected for injuries sustained in a motor vehicle accident commence from the very moment following the accident, particularly in minor motor vehicle accidents when the ambulance and police are not required to attend to the scene.
New cycling laws to be passed in Parliament in March 2016
Published 18 Feb 2016
The new and widely promoted cycling laws and penalties in New South Wales were announced on 21 December 2015, with the passing of these laws expected to be due in Parliament on March 2016.
Exploring the Difference between Workers Compensation and Personal Injury
Published 11 Feb 2016
At Gerard Malouf & Partners Compensation Lawyers we’ve gathered considerable expertise over the years in two broad areas in particular: workers compensation claims and personal injury claims.
“The Kangaroo is to blame! “- A motorcyclists struck by a Kangaroo from the side of roadway succeeds in blameless accident claim
Published 08 Feb 2016
Melenewycz v Whitefield (2015) NSWSC 1482
How Long Can Australian Sports Ignore the Evidence on Head Trauma?
Published 21 Jan 2016
As Accredited Personal Injury Specialists, our expert team is used to dealing with a wide variety of cases involving significant head trauma and brain injury. While the majority of the cases that come to us involve motor vehicle accidents, we’ve long suspected that it’s only a matter of time before we start seeing a significant uptick in cases concerning sports-related head trauma and concussion.
Record award of damages in the Dust Diseases Tribunal
Published 15 Jan 2016
Perez v State of New South Wales  NSWDDT 1 [Judge: Curtis J ]. This case involved the assessment of damages that should be awarded for past and future care of dependents.
What the Courts expect from motorists- be vigilant at all times!
Published 29 Dec 2015
A recent New South Wales Court of Appeal case; Allen v Robbie  NSWCA 247 (Allen) served to revisit the legal rules and principles of the standard of care expected from motorists on the road and the extent as to when there is a breach of this standard of care.
The most notorious, hazardous and treacherous roads in New South Wales
Published 23 Dec 2015
As the Christmas period is fast approaching, it is widely common for families to spend the festive period travelling and driving interstate or to distant country locations. As our firm would like to wish the general public a safe and happy Christmas, it is worth planning and avoiding the most notorious, hazardous and treacherous roads in New South Wales (NSW) and the Australian Capital Territory (ACT) this Christmas.
Mesothelioma victim gets fair compensation - Zabic v Alcan Gove Pty Ltd  NTSC 2
Published 17 Dec 2015
Mr Zabic was a 74 year old man who was dying from malignant mesothelioma, an aggressive cancer affecting the membrane lining of his lungs. Mr Zabic had approximately 6 months to live.
Motor Vehicle Accidents: How is Evidence Gathered
Published 11 Dec 2015
Whether your car accident has caused a whiplash injury or something more serious the way that we gather evidence is the same. Evidence is gathered by a number of people and broadly speaking comes under two areas: Liability and Loss.
Section 58 - The Jurisdictional Limits of the Medical Assessment Service (MAS)
Published 10 Dec 2015
The Claimant (Ms Scott) was injured in a motor vehicle accident on 15 May 2010. The insurer wholly admitted liability under section 81.
Seven babies who have died in a Victorian regional hospital may have been avoidable
Published 08 Dec 2015
In an article published on 17 October 2015, in the ABC news looks at a review of ten (10) stillbirths and newborn deaths at Bacchus Marsh & Melton Regional Hospital in 2013 & 2014 found that seven (7) of the deaths may have been avoidable.
Tips For Avoiding Slips And Falls
Published 01 Dec 2015
The amount of slip and fall accidents reported in Australia per annum is consistently high – they remain the second leading cause of workplace accidents for example.
Parramatta training School for Girls and the Institution for Girls in hay enquiry reveals disturbing details of ongoing Child sexual abuse
Published 25 Nov 2015
The investigation into the Parramatta Training School for Girls and the Institution for Girls in Hay was one of the first case studies undertaken by the Royal Commission due to the staggering amount of allegations made about the institutions. At the hearing, victims gave evidence of sexual, physical and psychological abuse experienced at the hands of staff members. The abuse was ongoing from 1950 to 1974 when the school was finally closed due to public outcry.
New regulations are now underway in motor vehicle accident claims
Published 23 Nov 2015
The month of October has produced welcoming developments for claimants in motor vehicle accident claims, with the mandatory costs reporting provisions in Clauses 8(d) and 23 of the Motor Accidents Compensation Regulation 2005 being in full force on the 1st October 2015.
The Spectre Of Medical Negligence – How Safe Are Our Hospitals?
Published 20 Nov 2015
What would you imagine is the third largest cause of death per annum in the richest country on earth?
The Ever Changing Landscape of Workers Compensation
Published 16 Nov 2015
On 21 August 2015, a Bill was passed through parliament which meant changes would be coming to the Workers Compensation Legislation in NSW. Whilst it has been some months since this Bill has been passed, below is an outline of the changes that have come into practice, and the changes that will be coming into practice.
Do council authorities owe a duty of care to road users for criminal acts of third parties?
Published 06 Nov 2015
Rankin v Gosford City Council  NSWSC 1354 explores this question.
A general summary on the important aspects of ‘whole person impairment’ in Motor Vehicle accident claims
Published 27 Oct 2015
In our experience with claimants over motor accidents compensation claims, many claimants suffer from physical and/or psychological injuries, which are medically examined by expert doctors in particular fields such as orthopedics, psychiatry and neurology.
Supreme Court of Victoria Denies Navy Women Common Law Damages in a Wrongful Birth Claim
Published 20 Oct 2015
The plaintiff, Ms Emily Hetherington, brought a common law claim for damages against the Commonwealth of Australia, Department of Defence, arising out of a medical examination at a Navy medical centre, and five further examinations at regular intervals at a similar centre at HMAS Cerberus in Victoria, which failed to detect her early pregnancy.
Someone breached a road rule – so is the person liable?
Published 07 Oct 2015
From our wealth of experience in countless motor vehicle accident cases, the issue of liability may be a simple question when there has been a clear breach of road rules by a road user, which lead to the accident. The case of Ning v Mc Grath (2015) ACTSC 163 (Ning) says this may not always be the equation.
SCHEDULE OF LIMITATION PERIODS in Civil Matters in New South Wales
Published 27 Aug 2015
Current as at June 2015 the following document produced by Law Cover explains the limitation dates or time periods for many different types of accidents in New South Wales within which a formal legal claim must be made.
The Motor Accidents Compensation Regulation 2015 is now finalized
Published 26 Aug 2015
In the eve of the Motor Accidents Authority’s (MAA) proposal to become the ‘watchdog’ over legal costs charged by law firms in Compulsory Third Party Motor Vehicle Claims; The Motor Accidents Compensation Regulation 2015 is now finalized.
Blameless Accidents- What it could mean now and how far reaching these accidents could be!
Published 13 Aug 2015
As documented in our previous article published on 23 July 2015, which examined the case of Gary Connaughton v Pacific Rail Engineering Pty Ltd  NSW DC 89, the interpretation of Judge Norton in that case now opens up the blameless accident provisions in the Motor Accidents Compensation Act (NSW) 1999 (‘the Act) to cover drivers in single vehicle accidents involving inanimate objects and with no third party being involved.
Blameless Accidents – where drivers are not at fault
Published 12 Aug 2015
The District Court of New South Wales recently provided some guidance on the ‘blameless motor accident’ provisions of the Motor Accidents Compensation Act 1999 (NSW) (hereafter the ‘Act) in the case of ‘Garry Connaughton v Pacific Rail Engineering Pty Ltd  NSWDC 89’ involving a driver injured in a single vehicle accident.
Importance of choosing the right lawyer for your medical negligence claim
Published 14 May 2015
As with all areas of personal injury, and particularly medical negligence, it is imperative your solicitors have access to the right experts and doctors. As highlighted in Morocz v Marshman  NSWSC 149, a New South Wales Court can exclude an expert’s opinion and evidence if they lack the proper qualifications and experience.
Knox Grammar Royal Commission Sets Emotions Flying High
Published 16 Mar 2015
It is not surprising that the Royal Commission investigating Knox Grammar as well as other private institutional schools has emotions running high within the community.
How much could I receive from a slip, trip and fall claim?
Published 02 Feb 2015
If you experience a slip, trip or fall in a public place you could be eligible for compensation, particularly when the incident leads to a serious injury.
A Guide to the Civil Liability ACT as Amended NSW 2002 for Personal Injury Actions Covering Public Liability & Medical Negligence
Published 19 Jan 2015
Often new clients approach Gerard Malouf and Partners expert personal injury lawyers, and ask what chance they have in a medical negligence case involving an action against a hospital, nurse, doctor, chiropractor or a member of the medical profession as a result of negligent, unsafe medical treatment/diagnosis.
Changes to the Retirement Age for Personal Injury Economic Loss Claims
Published 22 Oct 2014
As we are all aware in the recent May 2014 Federal Government budget the Government announced that the Aged Pension entitlement age will increase to 70 years by 2035. As we know in previous years the Government had increased it from aged 65 to 67 years of age.
Some cases awarding future economic loss beyond the age of 67
Published 15 Sep 2014
Zurich Australia Insurance Ltd v Roumanos  NSWSC 1922 & Walker & Anor v Hamm & Ors, Walker & Anor v Carter & Anor  VSC 596 & Bridge Printery Ltd v Mestre  NSWCA 342
Changes to the Workers Compensation Legislation & How it Affects You
Published 08 Sep 2014
On 29 August 2014, representatives of Gerard Malouf & Partners attended the WIRO Seminar & Workshop held at the WatervieW, Bicentenial Park. The day-long conference looked at what had occurred in the year the new system had been fully implemented and what problems had been identified.
Economic loss claims affected by recent government retirement age changes
Published 20 Aug 2014
As we are all aware in the recent May 2014 Federal Government budget the Government announced that the Aged Pension entitlement age will increase to 70 years by 2035. As we know in previous years the Government had increased it from aged 65 to 67 years of age.
A Basic Guide to Civil Litigation
Published 14 Aug 2014
The majority of matters do not proceed to Hearing. Of matters where proceedings are commenced, statistics indicate that less than 5% of these go all the way through the Court to a final Hearing.
The struggles of a father left with serious spinal injuries from a work accident
Published 18 Jun 2014
For one of our clients namely, Mr. David Nelson, a documentary has been created by Mr. Kris Kerehona, following his day-to-day activities. Our client had sustained very serious spinal injuries during the course of his employment as a warehouse manager at Classic Home Improvements Pty Ltd.
Gerard Malouf & Partners have been appointed a panel lawyer for the ambulance Association of New South Wales
Published 21 Mar 2014
We are pleased to announce that Gerard Malouf & Partners Compensation Lawyers have been appointed a panel lawyer for the ambulance Association of New South Wales through their union known as EMSPA.
Police Offices in Highest Risk Category of PTSD
Published 13 Feb 2014
It is clear from the number of enquiries we receive and the article depicted that Police Officers are in one of the highest risk categories with regards to suffering from on the job post traumatic stress.
NSW, the premium state: $100 million collected for $133,000 payouts to Police Officers
Published 29 Jan 2014
The leading and most respected newspaper in Australia, The Sydney Morning Herald published this article on 23 December 2013 which specifically relates to the State Government utilising the private insurance market to provide death and disability insurance cover for offices of the NSW Police Force.
NSW Insurer Uses Surveillance to Avoid Paying Police Office TPD Claims
Published 28 Jan 2014
This article provides a great insight into the ongoing relentless tactics of the insurer of the NSW Police Blue Ribbon Insurance, MetLife, to avoid payment of benefits to injured officers who have paid their premiums.
Radiological and Medical Investigations in support of Personal Injury Claim
Published 04 Nov 2013
Far too often we at Gerard Malouf & Partners see clients who have had an injury but may not have had the full compliment of proper medical and radiological investigations. It is essential that thorough radiological investigations are carried out at the initial stages after the accident to ensure that all possible areas of the injury have been investigated.
Lawyers promote the phrase “no win no fee cost agreements” with clients
Published 19 Sep 2013
These agreements are called conditional cost agreements. What in fact does this mean and what exposure does a client have who engages a no win no fee lawyer for compensation services?
TPD Claim in Super Fund – Understanding the Process
Published 13 Aug 2013
If you are planning to file a TPD claim in Super fund, it is important to hire an insurance lawyer who can provide proper guidance related to total permanent disability claims. The person can offer advice on the legalities and also, what could be the best way to ensure there is no delayed payment.
TPD Claims – When to make a claim?
Published 12 Aug 2013
It is imperative for anyone searching for TPD claims, often referred as Total and Permanent Disability claims to gain full-fledged information on TPD insurance claims. It’s often a tedious process and may take time until compensation is received. The policyholder should have a thorough knowledge before proceeding to file a claim.
Recent Court of Appeal decision provides pleasant Surprise for Workers Compensation Clients
Published 07 Aug 2013
The recent workers compensation changes of 19 June 2012 had abolished pain and suffering lump sum benefits, which had been available for injured workers in the past. Following the legislative changes, many of our clients had the misfortune of missing out on the additional lump sum amount for pain and suffering.
Symptoms from exposure to Asbestos dust
Published 25 Jul 2013
We shouldn’t think of it as a death sentence, when someone is diagnosed with a condition related to exposure to asbestos. Many do not suffer any loss of life expectancy at all and others survive well beyond the time limit given to them by their doctors. The thing to do is to obtain medical and legal advice so that you and your family can plan for the future.
Legal aspects for Making Coal Dust & Hard Metal Pneumoconiosis Compensation Claims
Published 04 Jul 2013
There aren’t any doubts about the fact that the government has laid several laws and provisions to ensure safety of employees. But several occupational lung diseases are still on rise, making it difficult for the sufferers to continue with work and in some cases destroying a family’s only source of income. Demanding for compensation or claim is a right in such conditions. But one needs to expert to increase the chances of winning. This article discusses one of the most common occupational hazard, Pneumoconiosis and its claims.
Legal aspects for claiming for Asbestosis
Published 03 Jul 2013
Over the years, laws have been passed to protect employees from the financial consequences of an occupational disease. Still, claiming for these medical conditions, including asbestosis is difficult and nerve wrecking. This article discusses various facts associated with asbestosis and how having a good law firm can increase your chances of receiving a claim.
Legal Aspects of Making an Asbestos Exposure Lung Cancer Compensation Claim
Published 02 Jul 2013
Prolong exposure to asbestos, especially in occupational environment can cause medical conditions like Lung Cancer. Victims of this medical condition can approach court of law to get compensation for the same. But with complicated laws regarding occupational hazards, it is recommended that people opt for experts with thorough knowledge of this field. The article discusses the facts about claiming for Lung cancer due to exposure to asbestos and how reputable legal advice can create a difference in whether you win or lose a claim.
Legal Aspects of Making Silicosis Compensation Claims
Published 01 Jul 2013
Silica dust, present during working with sandstones is the prime reason behind Silicosis, an occupational health hazard. A common lung disease with people who work in production of sandstones under unsafe conditions, victims of silicosis can file for claims and compensation. But due to controversial and complex occupational laws, one needs to have thorough knowledge of these laws in order to win these cases. This article discusses the need for a legal advisor in such cases.
Legal Aspects of Claiming for Asbestos Exposure Lung Cancer
Published 27 Jun 2013
Occupational hazards like lung cancer are common with the workers working for production of asbestos. Victims of asbestosis and lung cancer can file claims and demand compensation. But due to complicated occupational hazard laws, wins are far and few. This is where a reputable law firm can make a difference. Read on to know how lawyers can guide and support you in your tryst.
Legal Aspects of Claiming For Silicosis
Published 26 Jun 2013
Working with sandstone causes exposure to silica dust which is responsible for development of silicosis, a medical ailment resulting in occupational dysfunction. Due to the nature of this medical ailment, victims can claim for compensation on the grounds of overexposure and substandard safety measures. But alike other occupational hazard, claiming for silicosis is difficult and most cases legal fight is a long process. Here is a guide to how you can claim your compensation.
Legal Aspects of Claiming for Mesothelioma
Published 25 Jun 2013
Exposure to asbestos can be responsible for a number of occupational hazards and Mesothelioma is one such medical condition. It is a type of cancer that develops in the lining of the internal organs such as heart, lungs and abdominal region. The victims of the occupational disease can make personal injury claim, but they require professional experts with experience in the field as the legal matter is quite complex and hectic. This article helps in the understanding of legal aspects of claiming Mesothelioma.
Legal Aspects for Making Claims for other scheduled dust diseases (Aluminosis, Bagassosis, Berrylliosis, Byssinosis, Farmer's Lung, Silico Tuberculosis, Talcosis)
Published 24 Jun 2013
Despite number of safety measures and laws, occupational hazards, especially scheduled lung diseases are quite rampant, affecting hundreds and thousands of workers each year. Compensation in such scenario is difficult. But even when the situation is grim, it’s not faceless. You can file for a claim and hire a good legal advisor to increase your chances of winning. This article discusses the legal aspects of claiming for such occupational conditions.
Legal Aspects for Making Coal Dust and Hard Metal Pneumoconiosis Claims
Published 21 Jun 2013
Occupational dust diseases like Pneumoconiosis severely affect the health of the people working with different types of dusts like coal dust or dust from hard metals like cobalt or tungsten. The ailment decreases body functions reducing stamina and in adverse condition leading to death of the individual. The only cause of the disease is certain type of occupational hazards, so the individual suffering have the legal right to file for claims and compensation with the respective company and demand compensation. Here is guide to the process of compensation.
Legal Aspects for Making Dust Related Diseases Claims
Published 20 Jun 2013
Dust related diseases are common occupational hazards which cause a number of lung ailment and other malignancies. Consequently, it leads to reduced income as well as financial crises for the victim and his/her family. Being an occupational hazard, diseases such as asbestosis, pneumoconiosis, silicosis and other lung diseases can require maintenance or compensation. This article serves as a guide for dust related diseases and how victims can file for claims.
Legal Aspects for Claiming For Coal Dust and Hard Metal Pneumoconiosis
Published 19 Jun 2013
Dust diseases like Pneumoconiosis have deteriorated social and occupational functioning of thousands of coal mine workers. Reduced occupational functioning consequently leads to lower income and financial troubles. Therefore, victims suffering from dust diseases can file complaints. This article discusses the nuances of this occupational condition and how having the right legal advisor can work wonders for your case.
Legal Aspects for Claiming Dust Related Diseases
Published 18 Jun 2013
Occupational dust related diseases are majorly responsible for causing health ailments that reduce occupational functioning and deteriorate income levels. All such victims can file claims and demand compensation, but the legal process is quite tough and complicated, which needs legal advisors. The article briefly gives an idea on legal aspects of claiming dust related diseases.
Legal Aspects for Claiming other scheduled dust diseases (Aluminosis, Bagassosis, Berrylliosis, Byssinosis, Farmer's Lung, Silico Tuberculosis, Talcosis)
Published 17 Jun 2013
Having financial crises owing to occupational diseases is nothing new. But only the sufferers know the adversity of their medical condition and its consequences on their families. Although it is difficult to get compensation, you can file a claim and ask the organization to accept liability. Getting a good law firm to support you can increase your chances winning. This article discusses about these occupational hazards and claims in brief.
How much exposure to asbestos can be considered safe?
Published 12 Jun 2013
The problem of asbestos exposure in Australia looks likely to be with us for a very long time. Enormous quantities of fibro made up of between 12% and 18% of asbestos are still lining the roofs and eaves of older suburban houses and sheds walls. Such fibro was used extensively to build homes and factories after the Second World War, in particular, because it was cheap and easy to use. Unknown amounts of off-cuts have been dumped, long ago buried, covered over and forgotten.
Duty to Disclose Medical Errors
Published 30 May 2013
Healthcare Professionals and healthcare organisations have a duty of care to inform patients about harm caused as a result of medical treatment.
INSURER SETTLEMENT OFFER: WHY YOU SHOULDN’T ACCEPT THE FIRST OFFER MADE
Published 29 May 2013
We represented a client whose husband had passed away on account of a motor vehicle accident. The client came to our office with an offer having been made by the insurer.
The Benefits of lodging an Accident Notification Form (ANF)
Published 28 May 2013
An Accident Notification Form is a six page document that once completed is sent to the CTP insurer of the vehicle at fault. The information required to complete this form include your personal details, including contact details, details of the vehicle at fault, details of the accident, and employment details.
Legal aspects of Claiming for Asbestosis
Published 15 May 2013
Asbestosis is a common occupational disease that is responsible for a number of malignancies including lung cancer and mesothelioma. Sufferers of this medical ailment can make personal injury claim, but they need legal advisors as the laws are quite complicated and strict. This article deals with the legal aspects of claiming Asbestosis.
A woman’s right- maternal decision making
Published 01 May 2013
Statement on maternal decision making. The Position Statement expressly states that a pregnant woman, like any other human being, is entitled to certain human rights – this includes, but is not limited to, the right to privacy and bodily integrity. A pregnant woman should have the autonomy to make her own informed decisions and behave as she sees fit, so long as her actions remain within the legal framework.
Motor Accident Compensation ACT NSW Injury Must Occur as a Result of Negligent ACT Driving a Vehicle
Published 23 Nov 2012
Health Care Complaints Commission
Published 13 Nov 2012
The health care complaints commission was created by the state government of NSW to protect the general public health and safety of all citizens who use health services provided by any medical institution or provider.
Importance of Reporting Injuries and Symptoms to Your Doctor
Published 12 Sep 2012
There has always been a debate in terms of injuries sustained in a motor vehicle accident and how they are assessed under the Motor Accident Compensation Act. Those who have sustained injuries in motor vehicle accidents need to ensure when they see their doctor that they advise the doctor all body parts injured. This also is very important in subsequent visits as sometimes other body areas may have sustained injuries but symptoms don’t appear until a few days or even weeks later.
Whiplash Assessment Leading to Upper Back Symptoms, Shoulders etc
Published 28 Aug 2012
A lot of people who have been involved in a motor vehicle accident and who have sustained a whiplash injury will not immediately realise that they have sustained injuries to other body parts.
Lifetime Care Scheme May Not Be The Complete Future Care Solution
Published 23 Aug 2012
In 2007 the Government implemented the Lifetime Care and Support Authority. The Authority was brought into existence to cover those people who were seriously injured in motor vehicle accidents regardless of whether the accident was their fault or not.
Circumcision procedure by the hands of a General Surgeon
Published 23 Sep 2011
We acted for a little boy, aged 3 years old, who underwent a circumcision procedure by the hands of a General Surgeon when was aged 6 weeks.
Jockey / track worker
Published 23 Sep 2011
We acted for a gentleman who was a jockey/track worker at a well known stable in NSW.
Accident on board an airline
Published 23 Sep 2011
We have acted for a number of plaintiffs who have suffered an accident on board an airline and we have succeeded in claiming compensation on their behalf.
Shopping Centre Slip Fall Accident: Mr AWS v Shopping Town
Published 10 Sep 2011
Mr AWS attended a particular inner city shopping centre for the purposes of undertaking his general grocery shopping. Upon parking his car he entered the shopping centre, retaining a parking ticket, and proceeded to walk towards the Supermarket.
As he approached the Supermarket he
Published 01 Aug 2011
The Legislation governing motor vehicle accidents in NSW has predominantly been a fault-based system i.e. where you can prove that the driver is at fault, you will be successful. However, there are provisions for blameless accidents from 1 October, 2007. This is governed by the legislation known as the Motor Accidents Compensation Act 1999 at S.7.
BENEFITS OF LODGING AN ACCIDENT NOTIFICATION FORM
Published 15 Jul 2011
If you have been injuried in a Motor Vehicle Accident in New South Wales you may be immediately entitled to up to $5000 to cover your treatment expenses and loss earnings. This cover is available to any party injured in a motor vehicle accident, regardless of who was at fault. To obtain these benefits you are required to submitt an Accident Notification Form within 28 days of the date of accident.
SHOULD A UNREPRESENTATIVE INJURED PERSON ACCEPT THE INSURER’S OFFER
Published 15 Jul 2011
The simple answer to this question is No. Often Insurance companies are willing to try and put an offer to entice the injured person to accept and forgoing any future rights that they may have.
Uninsured or Unidentified Motor Vehciles: You Still have a claim
Published 15 Jul 2011
Another question that may be raised is where somebody struck by a vehicle, where that vehicle is unidentified on account of circumstances such as a “hit and run”, the question again, is whether injuries resulting out of such an incident are again covered by the New South Wales CTP Scheme.
WHAT ARE THE CTP INSURERS DUTIES?
Published 15 Jul 2011
It is important that all individuals are aware of their entitlements, responsibility, and more importantly the responsibilities of the CTP insurer while pursuing a claim under the Motor Accidents Compensation Act 1999 for injuries that he or she had sustained as the result of a motor vehicle accident.
The NSW Lifetime Care & Support Scheme
Published 02 Jul 2011
The Lifetime Care and Support Scheme provides lifelong no-fault benefits for those catastrophically injured in motor vehicle accidents.
The Lifetime Care and Support Scheme became operative for motor vehicle accidents involving children under the age of 16 from 1 October 2006 and became operative for adults from 1 October 2007.
Asbestos Related Illness Claims
Published 01 Jun 2011
Can I claim compensation if I am diagnosed with an asbestos related disease? Can I claim Government benefits as well as making a claim?
Slip Trip or Fall Claims
Published 01 May 2011
If you have had an accident that was the result of a Slip Trip or Fall on a pavement than you may be able to claim public liability compensation against the Local Council.
Understanding Workers Compensation Claims
Published 07 Apr 2011
A worker who has sustained an injury during the course of the employment will still be entitled to certain entitlements under the workers compensation laws even though the employer does not have a workers compensation policy. In this situation the injured worker will be covered directly by the WorkCover Authority under its Uninsured Liability and Indemnity Scheme.
What benefits is an injured worker entitled to?
Published 01 Apr 2011
If you are injured at work you are entitled to receive workers compensation for your injuries. The amount and type of compensation will depend on the severity of your injuries and can include the following.
Work Car Accident Claim
Published 01 Mar 2011
When I was on Company business I had an accident in their car. This resulted in a couple of days off work and there was damage to the other vehicle – am I liable or is it down to my Company to pay? Can I make a claim against my Company?
Motor Vehicle Accident Case Study
Published 02 Feb 2011
A look at how motor vehicle accident compensation is calculated by the Court
The recent decision of the New South Wales District Court in Saleh v The Nominal Defendant is a good illustration of how a Court will calculate monetary compensation for victims of a motor vehicle accident.
Holiday Accident Claim
Published 03 Jan 2011
What do you do if you have a Motor Vehicle Accident when you’re away on holiday?
Your enjoyable, relaxing and long-anticipated holiday can be ruined in an instant by a motor vehicle accident.
Christmas Holiday Accident Compensation Claims
Published 01 Dec 2010
It has been a very busy year at Gerard Malouf & Partners, with the opening of new offices in New South Wales and interstate and the launch of our new, user friendly website.
Asbestos & Dust Diseases Compensation Rights
Published 17 Jun 2010
If you believe you have a significant Dust Disease or Asbestos claim you could have acquired this disease through exposure to Asbestos and developed mesotheliona, lung cancer - pleural plaques or kidney disease or another Asbestos related disease. Under those circumstances, you may be eligible for compensation.
New Changes to Succession Planning
Published 23 Feb 2010
In amendments to the Succession Act, assented to on the 9th June, 2009 commenced this year. Under NSW Intestacy Law before this amendment came into effect spouses were entitled to the whole of the estate if the value of the estate excluding household chattels did not exceed $200,000.00, if the value of the estate exceeded $200,000.00 the balance was distributed between the surviving spouse and any children.
Medical negligence birth case secures $8 million for profoundly handicapped man
Published 04 Dec 2008
Injury Claims - Complications Arising From The Continual Use Of Pain Relieving Medications
Published 21 Oct 2008
As a result of injuries sustained in work accident or motor vehicle claim accidents or other injuries sustained, it is common for doctors to prescribe apart from other forms of treatment, medications for pain relief. These can be non-steroid or anti-inflammatories and stronger types of pain relieving medication.
NSW Hospitals Lack of Adequate Care
Published 01 Sep 2008
In a recent internal report looking into deaths at Western Sydney Hospital the Report has revealed that more than half of the patients did not receive adequate care.
Towards Healing - Sexual Abuse & the Catholic Church
Published 28 Jul 2008
World Youth Day celebrations this month brought out the best in human behaviour lead by the world’s youth who celebrated life and the future through a series of events and celebrations throughout Sydney.
Benefits Of Vocational Rehabilitation
Published 23 Jun 2008
Vocational rehabilitation refers to programs that seek to return disabled or injured individuals to their optimal physical, mental, social, vocational, and economic ability. In a legal sense, vocational rehabilitation is a workers' compensation benefit, which involves programs designed to help workers who have become physically or mentally disabled and who can no longer hold the same jobs they had prior to their disabilities.
Public Liability Cases - Assembling Evidence & Getting Results
Published 07 Jun 2008
In public liability matters, there are fundamentally 5 areas in which evidence can be collected to ensure that a comprehensive investigation and assessment of the claim has been established.
How Can You Assist Your Lawyer In Your Personal Injury Claim?
Published 06 Jun 2008
Pursuing a personal injury claim may be a daunting experience, however if your work with your solicitor in providing as much information as possible then your solicitor can maximize your claim and achieve the best possible result for you.
Insurance Claim Property Damage – Why you should not accept an Insurer’s denial of liability
Published 06 Jun 2008
It is common for insurers to deny liability. This is often accepted by people as something that they have no power to challenge. The fact is, however, that denial of liability is something that can be challenged in some circumstances. The first and most important thing to understand about insurance companies is that they are businesses. A denial of liability after a claim has been made is often used simply as a way of reducing the insurer’s costs. In this way, insurers often rely on the fact that the average person will not complain.
Understanding The Uniform Defamtion Laws
Published 06 Jun 2008
If a comment has been made that brings you into contempt, disrepute or ridicule, and injures your reputation it is likely to be defamatory and you should contact us for advice.
Modified Common Law Damages
Published 01 Jun 2008
A worker injured in NSW may have a right to sue for modified common law damages along with other entitlements under the Workers Compensation Act 1987. A modified common law claim will mean that you will be compensated for your past and future economic loss.
Published 13 Mar 2007
The lump sum entitlements of many workers were recently restored in the majority NSW Court of Appeal decision Humphrey’s –v- Mulco Tool and Engineering Pty Ltd  NSWCR 355.