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The Current State Of Personal Injury Litigation – Western Australia

Wotton + Kearney is pleased to release the first of our series of guides aimed at helping insurers, brokers and their respective clients to understand the varying regimes and trends in personal injury litigation across Australia – starting with Western Australia.

The Current State of Personal Injury Litigation in WA is set against the backdrop of the declining construction and mining industries that boomed in the late 2000’s and began to decline around 2015/2016. With the boom now in the rear-view mirror, insurers need to vigilantly look for questionable personal injury claims by workers previously employed in those industries – particularly in terms of limitation periods and amounts sought.

WA Courts also typically favour a balanced approach to personal injury litigation, compared to other Australian states. However, the jurisdiction is not without its parochial challenges, which can only really be understood by those with presence and litigation experience “on the ground” in WA.

This guide provides a practical overview of the types of claims brought for personal injury in WA, along with example assessments and recent cases. We also cover current market conditions, post-mining boom claims, the complexity of contribution and contractual disputes, recoveries and more.

Topics covered:

  • Recent trends in WA personal injury litigation
  • Types of injury claims
  • General liability claims
  • Claims by workers’ compensation insurers – s93 recovery
  • Recent cases at a glance
  • Other practical issues – principal indemnity extensions
  • The road ahead

To request a copy, please contact our Perth General Liability leader William Robinson.

© Wotton + Kearney 2019
This publication is intended to provide commentary and general information. It should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this publication. Persons listed may not be admitted in all states and territories.