No liability for costs on a discontinued cross claim
Hamerco Pty Ltd v Cosentino Australia Pty Ltd [2026] NSWDDT 3 A Cross Claimant seeking to discontinue its Cross Claim brought against an alleged joint tortfeasor will not necessarily incur a liability for costs In Hamerco Pty Ltd v Cosentino Australia Pty Ltd [2026] NSWDDT 3, the Plaintiff claimed damages in the Dust Diseases Tribunal…
The Heart of Section 4(b)(ii)
Pereira v ARA Fire Protection Services Pty Ltd [2025] NSWPICPD 77; (3 November 2025) The Appellant was the widow of the late Max Pereira, who passed away on 17 September 2021. The parties agreed that the cause of the deceased’s death was a heart attack caused by the rupture of plaque in his coronary artery…
Investigating the Investigation: drawing the line on reasonableness
Dotti v State of New South Wales (Northern Sydney Local Health District) [2025] NSWPICPD 84; (15 December 2025) Section 11A(1) of the Workers Compensation Act 1987 provides: No compensation is payable under this Act in respect of an injury that is a psychological injury if the injury was wholly or predominantly caused by reasonable action taken or proposed to be…
MMPI Malingering
State of New South Wales (Hunter New England Local Health District) v Bramble [2025] NSWPICPD 57 The Appellant argued in the Conciliation/Arbitration that the Worker was malingering. This conclusion was based upon the report of Dr Paul Phillips, Psychologist, and the Appellant therefore disputed liability for any injury. Member Toohey determined the Worker suffered a…
IT’S A DATE: THE IMPORTANCE OF CLEAR CAUSAL OPINION IN CLAIMS FOR SURGERY
McQuillan v Sean Mitchell Agencies Pty Ltd [2025] NSWPICPD 22 Rankin Ellison Lawyers successfully defended an appeal seeking the costs of surgery under sections 59 and 60 of the Workers Compensation Act 1987 for a claimed lumbar spine condition. Brief Facts The Appellant had worked as a supervisor and yardman for a period of around…
Dust Diseases Claims excluded from the Uninsured Liability Scheme
DDT: Sako v Workers Compensation Nominal Insurer [2024] NSWDDT 6 COA: Workers Compensation Nominal Insurer v Sako [2025] NSWCA 12 Before the Court was a single question – does s 140 of the Workers Compensation Act 1987 (NSW) (‘the 1987 Act’), which allows claims for work injury damages to be made against the Nominal Insurer,…
No Pay for One Day of Incapacity
Graham v Lutheran Aged Care Albury [2024] NSWPIC 637 (13 November 2024) Emma Blackman, Partner, successfully obtained an Award in favour of the Respondent in respect of a claim for loss of earnings for one day. The Applicant, Ms Graham, suffered an accepted injury to her left shoulder on 15 March 2021. She had little,…
How Low Can You Go?: Judicial Review of Section 323 Deduction
Sawaneh v Flintwood Disability Services Ltd [2024] NSWCA 178 Relevant Legislation Section 323 of the Workplace Injury Management and Workers Compensation Act 1998 provides as follows: (1) In assessing the degree of permanent impairment resulting from an injury, there is to be a deduction for any proportion of the impairment that is due to any…
On the wrong side of the tracks – a journey gone awry
Anderson v Sydney Trains [2024] NSWPIC 417 On 17 April 2023, the Applicant was travelling from her home to attend a training course at Petersham. She was changing trains at Strathfield when she fell walking between platforms, injuring her neck and left shoulder. The Applicant contended that she tripped on loose gravel / raised cement…
Federal Jurisdiction in the Personal Injury Commission – Case Law Update
Ramsay v Southern NSW Local Health District; Manning v Sydney Trains; Honey v Robert Sheridan Family Trust; Duncan v Department of Education; Magnan v Upper Shire Council [2024] NSWDC 326 The proceedings before the District Court related to five separate Applications brought under Section 26 of the Personal Injury Commission Act 2020. In each case,…