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A way through the dark and thorny thickets? The adjudication of ‘serious injury’ under the narrative tests in the Transport Accident Act 1986 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic)

Taliadoros, Jason 2015, A way through the dark and thorny thickets? The adjudication of ‘serious injury’ under the narrative tests in the Transport Accident Act 1986 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), Journal of law and medicine, vol. 23, no. 1, pp. 243-264.

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Title A way through the dark and thorny thickets? The adjudication of ‘serious injury’ under the narrative tests in the Transport Accident Act 1986 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic)
Author(s) Taliadoros, JasonORCID iD for Taliadoros, Jason orcid.org/0000-0003-4544-8717
Journal name Journal of law and medicine
Volume number 23
Issue number 1
Start page 243
End page 264
Total pages 22
Publisher Thomson Reuters
Place of publication North Ryde, N.S.W
Publication date 2015
ISSN 1320-159X
Summary The so-called narrative test provides the means by which injured persons who satisfy the statutory and common law definition of serious injury may bring proceedings for common law damages under s 93 of the Transport Accident Act 1986 (Vic) and s 134AB of the Accident Compensation Act 1985 (Vic) (or, for injuries after 1 July 2014, under ss 324-347 of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic)). These are among the most litigated provisions in Australia. This article outlines the legislative and political background to these provisions, the provisions themselves, and an account of the statutory and common law requirements needed to satisfy the provisions.
Language eng
Field of Research 18 Law And Legal Studies
11 Medical And Health Sciences
22 Philosophy And Religious Studies
180104 Civil Law and Procedure
Socio Economic Objective 940407 Legislation, Civil and Criminal Codes
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Persistent URL http://hdl.handle.net/10536/DRO/DU:30081661

Document type: Journal Article
Collection: Law
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