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Australia Case Law

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Civil procedure

Van der Meer v Qantas Airways Limited

The District Court granted leave to amend a personal injury statement of claim, finding the proposed changes raised a triable issue and should be resolved at trial.

  • Amendment of pleadings
  • Case management
  • Leave to amend
  • Carrier liability
  • Limitation period
  • Costs
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Negligence

Pratt v Ditton

Employer negligence claim over a steel-beam crush injury succeeded. The Court found a breach of duty, no contributory negligence, and awarded $1,030,742.67.

  • Employer duty of care
  • Crush injury
  • Breach of duty
  • Causation
  • Contributory negligence
  • Assessment of damages
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Torts

Radovanovic v Workers Compensation Nominal Insurer

The plaintiff succeeded in a work injury damages claim after a lift malfunction caused jarring injuries. Damages were assessed at $871,284, with judgment for $315,438.30 after set-off.

  • Work injury damages
  • Negligence
  • Credibility of evidence
  • Loss of earning capacity
  • Superannuation loss
  • Fox v wood damages
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Civil procedure

Gibson v Blomdale

Default judgment was entered for the plaintiff after the defendant failed to appear. The court assessed damages for childhood abuse, psychiatric injury, and economic loss.

  • Default judgment
  • Unliquidated damages
  • Child abuse
  • Psychiatric injury
  • Assessment of damages
  • Economic loss
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Costs

NS v State of New South Wales (Department of Education) (No 2)

The Court awarded the plaintiff a $100,000 gross sum costs order, granted the State judgment for breach-of-contract damages with interest, and refused the State’s gross sum motion.

  • Gross sum costs order
  • Indemnity costs
  • Offer to contribute
  • Breach of employment contract
  • Institutional sexual abuse
  • Gross-sum-costs-order
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Administrative law

AAI Limited trading as AAMI v Patsalis

Judicial review of a psychiatric medical assessment under the Motor Accident Injuries Act failed; the summons was dismissed and costs ordered against the insurer.

  • Judicial review of medical assessment
  • Permanent impairment
  • Psychiatric injury
  • Procedural fairness
  • Reasons for decision
  • Delegated review under the personal injury commission act 2020 (nsw)
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Administrative law

Insurance Australia Ltd t/as NRMA Insurance v Kirkpinar

Insurance Australia Ltd t/as NRMA Insurance v Kirkpinar [2025] NSWSC 162

The Supreme Court set aside a motor accident review panel decision for failing to determine causation for the lumbar spine injury and for inadequate reasons.

  • Judicial review
  • Medical assessment
  • Motor vehicle accident
  • Causation
  • Permanent impairment
  • Adequacy of reasons
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Administrative law

Atwal v Insurance Australia Limited trading as NRMA Insurance

Atwal v Insurance Australia Limited trading as NRMA Insurance [2025] NSWSC 143

The Court dismissed a judicial review summons over a motor accident claim, holding that a dispute about the impairment threshold required medical assessment before non-economic loss could be awarded.

  • Whole person impairment
  • Motor accident damages
  • Medical assessment threshold
  • Non-economic loss
  • Statutory construction
  • Motor-accident-injuries-act
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.