In a decision handed down by the NSW Court of Appeal on 16th February 2012 in Allianx Australia Insurance -v- Kerr;
the Court found that the injured person required someone to provide two hours of cleaning per week inside her home and two hours for external work, making a total of four hours of unpaid care each week.
In this case, the main provider of gratuitous assistance was a long-term friend, but not a family member. He had no legal obligation to provide the assistance, or to continue doing it.
The Court determined that where the main provider of gratuitous assistance is not a family member, the Court does not have to find that he would stop doing it, and that domestic assistance would only be provided by a paid carer in the future, before making an allowance of damages for future domestic assistance on a commercial basis.
The NSW State Government has prohibited all solicitors from advertising personal injury and compensation legal services in NSW - except to our existing clients or potential clients from other states.
In response to overwhelming demand we have placed this information on our website for the benefit of our clients.
Who do the June 2012 changes not affect?
Changes to the WorkCover Scheme – Retrospective Operation of the Amendments
Changes to Workers Compensation Scheme – Aggravation of Pre-Existing Conditions
Changes to Workers Compensation Scheme – Heart Attack & Stroke Injuries
Changes to Workers Compensation Scheme – Nervous Shock Claims
Changes to Workers Compensation Scheme – Medical Expenses
The articles above are important notices for our existing clients.