Motor Accident Claims
It’s been just over 6 months since the Personal Injury Commission commenced and now is the perfect time to review how it’s operating with insights directly from the Motor Accident Division Head of the PIC. In addition, you will get up to date on best practices for filing in the PIC, delve into a medico-legal analysis of the Minor Injury Test & physical injuries, master how to maximise a damages claim under the Motor Accident Injuries Act 2017, and catch up judicial review of motor accident cases. WEB219N22
Description
Attend and earn 4 CPD units including:
1 unit in Professional Skills
3 units in Substantive Law
This program is based on NSW legislation
Chair: Peter Hunt, Principal, McCabes, Accredited Specialist in Personal Injury Law
9.00am to 9.20am Opening Address: Motor Accident Claims in the Personal Injury Commission – How is it Working?
Presented by Marie Johns, Division Head, Motor Accident Division, Personal Injury Commission
9.20am to 10.10am The PIC: You Must Prepare First and Then File in the PIC, Not Vice Versa
- Ensuring you:
- Identify the real issues in dispute prior to filing in the PIC
- Prepare the claim first and then file in the PIC
- My claim documentation is incomplete – will there be an opportunity to amend?
- Is there a real risk the claim will fail if the claim is not ready to run?
Presented by Geraldine Daley AM, Director, Colin Daley Quinn, Accredited Specialist in Personal Injury Law
Professional Skills
10.10am to 11.00am THE MEDICO-LEGAL PERSPECTIVE: The Minor Injury Test for Physical and Psychiatric Injury Under the Motor Accident Injuries Act 2017: How Does it Work?
11.00 am to 12.15pm Physical Injury
- Minor injuries; definition and legislation
- Causation of injuries and diagnosis
- Soft tissue injuries; definition and interpretation
- Radiology reports and other documents
Presented by Dr Tom Rosenthal, Occupational Physician
Psychiatric Injury
- Psychiatric diagnosis in 2017 scheme - minor/non-minor injury
- Psychiatric diagnosis in 1999 scheme
- Issues with GP/solicitor diagnoses
- Issues with psychologist diagnoses
Presented by Dr Wayne Mason, Psychiatrist
11.00am to 11.15am Morning Tea
11.15am to 12.15pm The Nuts and Bolts of Running a Damages Claim under the Motor Accident Injuries Act 2017
- Tips on how to expedite damages claim under the 2017 Act
- How to properly prepare a damages claim under the 2017 Act
- Latest case law at the PIC and the Supreme Court relevant to damages claims under the 2017 Act
- Latest developments on ‘minor injury’
Presented by Tim Concannon, Partner, Carroll and O’Dea Lawyers; Preeminent Work Injury Compensation Lawyer (Plaintiff), Preeminent Motor Vehicle Accident Compensation Lawyer (Plaintiff) and Recommended Public Liability Compensation Lawyer (Plaintiff), Doyle’s Guide 2020
12.15pm to 1.15pm Update on Judicial Review of Motor Accident Cases
- Judicial review and PIC: the learning so far
- Lingering misconceptions about Singh
- Disputes where judicial review is on the cards
- Judicial review and the LCS Authority
Presented by Dr Keith Rewell SC, Jack Shand Chambers, Leading Insurance Law Senior Counsel, Doyle’s Guide 2020
Presenters
Peter Hunt
Peter Hunt a Principal of McCabes in Sydney, specialising in insurance litigation. In addition, he is a Mediator and a Graduate of the Australian Institute of Company Directors. Peter played an instrumental role in strengthening the Curwoods Compulsory Third Party (CTP) practice when he joined the firm in early 2004, prior to the merger in 2018. He pioneered Curwoods Case Notes and is the driving force behind the `Proper Lookout Podcast Series'. Peter authored the CCH Motor Accident Practitioners' Handbook from 2001 to 2016. He has served on the Accredited Specialist Advisory Committee and the Motor Accident Assessment Service Reference.
Marie Johns
Marie Johns is the inaugural Head of the Motor Accidents Division of the Personal Injury Commission. Ms Johns has a strong legal background across motor accidents, workers’ compensation and the private sector. She has been with SIRA since late 2013 as an internal Claims Assessor, and most recently acting in the PCA role. She has held positions in the Worker Compensation Commission as a Senior Legal Officer (Legal and Medical Team) and Research Associate to the Deputy President, and as a Principal Lawyer for the Independent Legal Assistance and Review Service (ILARS) at the Workers Compensation Independent Review Office (WIRO).
Geraldine Daley
Geraldine Daley is a practicing solicitor admitted to both the Supreme Court of New South Wales and the High Court of Australia. She holds a Master in Laws, and is an Accredited Specialist in Personal Injury Law. Geraldine is a Director of Colin Daley Quinn Solicitors. Geraldine recently retired from her role as a Claims Assessor and Merit Reviewer with the Dispute Resolution Service where she utilised her extensive experience as a Claims Assessor to manage disputes brought to the Claims Assessment and Resolution Service of the State Insurance Regulatory Authority.
Dr Wayne Mason
Dr Wayne Mason has been a psychiatrist in private practice since 1986. He has a practice in general adult psychiatry and the long term treatment of personality disorders and chronic trauma. He is a Visiting Medical Officer in the department of psychiatry at St Vincent's Hospital Darlinghurst. He is a foundation member of both the forensic faculty and the psychotherapy faculty of the Royal Australian and New Zealand College of Psychiatrists. He has been an assessor in the motor accidents division of the personal injury commission since 2007 and has been a review panel member since 2012. He has been a member of the Australian Psychoanalytic Association since 1998.
Tim Concannon
Tim joined Carroll & O'Dea Lawyers in 1994 and became a partner in 2001. Tim has been an Accredited Specialist in Personal Injury Law since 2000 and an Assessor with the Claims Assessment and Resolution Service (CARS) since 2004. Tim was appointed Deputy Chair of this Committee in 2020. He has played a leading role in drafting submissions to government agencies relevant to various areas of personal injury law and appeared on behalf of the Law Society at a number of government inquiries into the functioning of the workers compensation and motor accident schemes.
Dr Keith Rewell SC
Dr Keith Rewell SC practices in motor accident law, and related applications for judicial review of administrative decisions. Dr Rewell SC has a particular interest in the implications of tetraplegia and brain impairment. Dr Rewell SC appears frequently in the New South Wales District and Supreme Courts. Dr Rewell SC has been leading counsel in many common law cases before the Court of Appeal, and has appeared in the High Court and the Privy Council. Dr Rewell SC has a particular interest in appellate work.