Subscribe:
RSS feed
This is the legal blog of Marc Testart, a member of the Victorian Bar.
Browsing All Posts filed under »Personal Injury«
Maurice Blackburn Cashman v Brown [2011] HCA 22 – The Medical Panel and Serious Injuries – Statutory Misinterpretation?
The High Court of Australia’s decision in Maurice Blackburn Cashman v Brown (‘MBC v Brown’) is significant for several reasons: it clearly sets out the law (ie the statutory framework) in Victoria around serious injury claims in worker’s compensation claims; and it deals with the matter (briefly) of issue estoppel; but most importantly, the High […]
Legal Services Board v DF [2011] VSC 292: A win-win for the lawyers who work pursuant to no-win no-fee litigation agreements.
June 30, 2011
‘To construe s 98 as prohibiting the charging of the premium when the client has effectively prevented the firm from obtaining a successful outcome by his or her own conduct would enable the client to ‘walk away’ from the firm at the eleventh hour (once all the hard preparation work for a trial had been done […]
Tabet v Gett [2010] HCA 12 – Closing a Door in Tort for Loss of a chance In Medical Negligence
June 19, 2011
The High Court of Australia has recently closed a door on plaintiffs in medical negligence claiming for ‘loss of a chance.’ In doing so it refused, unanimously, to extend the law of negligence, to modify the ‘all or nothing’ rule, and to reformulate the concept of ‘damage’ in tort. The question raised by the appeal […]
Miller v Miller [2011] HCA 9 – Negligence and Duties Owed to Wrongdoers Who Are Injured.
June 19, 2011
‘Why should courts not regulate the activities of the wrongdoers by requiring of the driver that he or she exercise reasonable care for the safety of other road users and any passenger in the vehicle, whether or not the passenger is complicit in the crime?’1 The recent High Court of Australia decision in Miller v […]
MyLearnedFriends 
July 13, 2011
0