scholarly journals The Australian Picture

2004 ◽  
Vol 35 (4) ◽  
pp. 879
Author(s):  
Harold Luntz
Keyword(s):  
New South ◽  
New South Wales ◽  
Tort Law ◽  
Personal Injury ◽  
Committee Report ◽  
Major Health ◽  
High Profile ◽  
South Wales ◽  
Accident Compensation ◽  
Health Insurers

Australia faces a climate of change with accident compensation following recent high profile personal injury cases, the collapse of two major health insurers, and the release of the Ipp Committee Report. This paper follows Australia's response to these developments, focusing on New South Wales' initial reform of tort law, and suggests that the current and proposed changes may cause more harm to an already fragile system.

The Application of Industrial Torts in Australia

1978 ◽  
Vol 20 (4) ◽  
pp. 407-430 ◽  
Author(s):  
Paul Latimer
Keyword(s):  
New South ◽  
Common Law ◽  
New South Wales ◽  
Tort Law ◽  
Breach Of Contract ◽  
Industrial Activity ◽  
Union Activity ◽  
Economic Relations ◽  
South Wales

The Swanson Committee's proposition that common law actions in tort are "dead-letters" in practice, even though they are still available for use in theory, is examined in this paper. Tort law tends to indicate that there are five essential ingredients which are necessary to procure a breach of contract. Other indus trial torts may be brought for interference with economic relations or loss of services and, while this type of tort is out of date, it can still apply. Tort action for civil corrspiracy or intimidation also provides areas of relevance for industrial activity. As a result of this analysis the author questions the accuracy of the Swanson Committee's proposition. The conclusion notes that many areas of union activity not "caught" by the Commonwealth Conciliation and Arbitration Act, the Commonwealth Crimes Act and the New South Wales Crimes Act may in fact be "caught" by the 1974 Trade Practices Act which, the author contends, opens up a whole new area of statutory liability for unions.

Tools and Resources: Lower Extremity Conditions: Combination vs Duplication

1998 ◽  
Vol 3 (1) ◽  
pp. 4-4
Author(s):  
Randall Lea ◽  
William Shaw
Keyword(s):  
United States ◽  
New Zealand ◽  
New South ◽  
The United States ◽  
Personal Injury ◽  
Workers Compensation ◽  
Fourth Edition ◽  
Federal Level ◽  
South Wales ◽  
Accident Compensation

Abstract This article discusses uses of the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) in Australia and New Zealand. In addition to its use in the United States, the AMA Guides also is used in Australia, New Zealand, Canada, and some European countries such as Ireland, the Netherlands, and Norway. Use of the AMA Guides varies from country to country, depending on local workers’ compensation or personal injury legislation. In Australia, the AMA Guides is used in various state systems, but the editions used or recommended may differ. Often, cases in which the impairment predates December 1988 (when the current Commonwealth Workers’ Compensation Act became effective) are assessed in terms of the AMA Guides, Fourth Edition. Although many physicians use the Fourth Edition, others refer to the Table of Disabilities (Div 4/S66 of the New South Wales Workers’ Compensation Act) and Victoria prefers the AMA Guides, Second Edition. At the federal level, Australia has adopted the Guide to the Assessment of the Degree of Permanent Impairment (1989 but under revision at the time of writing). In New Zealand, the Accident Compensation Commission officially adopted use of the AMA Guides, Fourth Edition, in 1997.

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