• Mental Impairment, Criminal Responsibility and Statutory Benefits: The PIC Clarifies the Meaning of “Acquitted” Under s3.37 of the Motor Accidents Injuries Act 2017 - A recent Personal Injury Commission decision has clarified when a claimant will be treated as “acquitted” for the purposes of s3.37 of the Motor Accidents Injuries Act 2017, particularly where criminal responsibility is negatived by mental impairment. The case considered whether special verdicts of “act proven but not criminally responsible”, and a related dismissal without conviction, could restore a claimant’s entitlement to statutory benefits following serious driving charges.
• The Door is Closed: Moray & Agnew Successful in Landmark Decision on the Motor Accident Injuries Act 2019 (ACT) - The ACT Supreme Court has handed down its first decision on the Motor Accident Injuries Act 2019 (ACT) since its introduction in February 2020. The decision is significant as it clarifies the class of claimants who are entitled to bring common law proceedings as a result of a motor accident in the Australian Capital Territory.