We recently successfully defended an appeal on behalf of one of our clients against a County Court Decision that her Serious Injury Certificate, entitling her to commence a common law claim, was deemed.
When a response is not received to a Serious Injury Application within 120 days then serious injury is deemed.
In this case issues arose as to whether the application was ever validly served and received by the Defendant as the employer is a subsidiary company of Qantas, who is a self insurer. The County Court Judge found that it was and the Court of Appeal agreed, finding that he was entitled to come to that decision on the evidence and the appeal was therefore denied. Our client is now able to proceed with her claim for common law damages.