2026 Specialist Accreditation Personal Injury Practice Flashcards

A set of vocabulary flashcards covering key Australian legislation, regulatory sections, and landmark case law for the 2026 Specialist Accreditation in Personal Injury.

Proper Inquiry and Search

The process where a claimant must take all reasonable steps to identify an at-fault vehicle in a claim against the Nominal Defendant involving an unidentified motor vehicle.

Transport Administration (General) Amendment (Public Transport Accident Compensation) Regulation 2026

The regulation that moved public transport accident claims from MACA Chapter 5 to MAIA Part 4 for claims lodged on or after 20 March 2026.

Lifetime Care and Support Scheme (LTCS)

A scheme providing treatment, rehabilitation, and care for participants with catastrophic injuries (like severe brain or spinal cord injury) regardless of fault.

Section 1.6 MAIA (Threshold Injury)

Defines a 'soft tissue injury' as an injury to tissue that connects, supports, or surrounds structures like cartilage and menisci, excluding nerve injuries or complete/partial ruptures of tendons or ligaments.

Mandoukos v Allianz Australia Insurance Limited [2023] NSWSC 1023

A Supreme Court case holding that undergoing surgery does not of itself transform a threshold injury into a non-threshold injury.

Section 3.37(1) MAIA

Progresses that statutory benefits are not payable after a person has been charged with or convicted of a serious driving offence related to the motor accident.

Chowdhury v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPIC 167

A Personal Injury Commission decision holding that pet care for genuine household animals falls within the definition of 'attendant care services' under s1.4 MAIA.

Section 5(1) Law Reform (Miscellaneous Provisions) Act 1946 (NSW)

The provision enabling a defendant to seek contribution or indemnity from a joint tortfeasor in a public liability claim.

Section 601AG Corporations Act 2001 (Cth)

Allows a plaintiff to recover directly from the insurer of a deregistered company for a liability covered by the insurance contract without reinstating the company.

Section 237B Health Practitioner Regulation National Law (NSW)

Renders void any settlement term that restricts a claimant from making a complaint to AHPRA or the Health Care Complaints Commission.

Section 26C Civil Liability Act 2002

Restricts prisoners from recovering damages unless the injury results in death or at least $15\%$ permanent impairment.

Section 12B Dust Diseases Tribunal Act 1989 (NSW)

A provision ensuring that claims for non-economic loss (general damages) survive for the benefit of the estate if proceedings were commenced before the plaintiff's death.

Rule 9 Confidentiality (ASCR 2015)

The professional conduct rule prohibiting a solicitor from disclosing confidential client information except under specific permitted circumstances.

Five Percent ($5\%$) Discount Rate

The statutory discount rate applied to calculate the present value of future economic loss or treatment under the MACA 1999 and CLA 2002.

Vicissitudes of Life

A conventional $15\%$ discount applied to future economic loss awards to account for life's uncertainties, though it may be adjusted based on specific individual factors.

Section 15 CLA 2002 (Gratuitous Care)

The provision stating damages for gratuitous care are only recoverable if provided for at least $6$ hours per week for at least $6$ consecutive months.

State of NSW v Culhane [2025] NSWCA 157

Established that a Presidential Member of the PIC must conduct a 'true review' on merit rather than just checking if the original findings were reasonably 'open.'

ZG Operations v Jamsek [2022] HCA 2

High Court authority determining that truck drivers operating through partnerships and owning their own equipment were independent contractors, not employees.

Bird v DP (a pseudonym) [2024] HCA 41

High Court case holding that vicarious liability does not extend beyond relationships of employment (or true agency) to those merely 'akin to employment.'

Section 12 CLA 2002 (Earnings Cap)

Limits damages for an injured person's loss of earnings; notably, the High Court held in Taylor v The Owners this cap does not apply to the deceased's earnings in a Compensation to Relatives Act claim.

Calderbank Letter

A flexible, non-statutory settlement offer that can include non-monetary terms or be made before proceedings commence, used to seek costs protection.

Lex Loci Delicti

The 'law of the place of the tort' rule, meaning the substantive law of the state where an accident occurred governs damages assessment even if the trial is in another state.

Section 5O Civil Liability Act 2002

Provides a defense for professionals who act in accordance with widely accepted peer professional opinion in Australia at the time of service.

Psychiatric Impairment Rating Scale (PIRS)

The tool used to assess psychiatric Whole Person Impairment (WPI) across six domains, including self-care, social functioning, and employability.

Section 59A Workers Compensation Act 1987

Outlines time limits for medical treatment coverage: $2$ years for WPI under $10\%$, $5$ years for WPI between $11\%-20\%$, and for life if WPI is above $20\%$.

AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2026] HCA 2

Expanded liability in historical abuse cases by holding that a non-delegable duty of care can extend to intentional criminal acts committed by an institution's delegate.