15 Apr 2010
For purposes of s 32(1)(c) the relevant 'treatment' is the treatment that was needed once the nature of the claimant's condition became apparent during the course of treatment; the inquiry is fact‑based and retrospective, assessing whether the injury was a necessary part or ordinary consequence of that actual treatment.
20 Jun 2008
The Court held unconscionability must be assessed at the date the transaction is entered into (when contractual rights arise, conditional or unconditional); on the facts (assessment at 3 November 2003) Parkinson did not suffer a disadvantage that prevented him protecting Gustav's interests, Macfield lacked knowledge that would make retention of the bargain unconscientious, and therefore the contract was not unconscionable; appeal dismissed.
22 Nov 1996
Because entitlement requires a degree of disability of 10% or more and payment commences from the later of the 13-week date or the date of assessment, and the assessment conducted on 22 February 1995 (the later date) recorded less than 10% disability, the appellant was not entitled to an independence allowance and the Review Officer's decision was correct.