Edition No.69

Welcome

In this edition, I draw your attention to the issue of artificial intelligence and the law. The Commission is currently considering its approach to this issue.

I am pleased to announce the appointment of Mr Paul Sweeney as an Acting Deputy President of the Commission. The role of our decision makers is an important one indeed, as you can read in my speech to our latest member appointments. I’m also delighted to share with you a photo from the ceremony.

I recently had the pleasure of addressing the Sparke Helmore Judges’ Series on three issues of importance, and you can find a link to my full speech.

Finally, there is an update on compliance with Procedural Direction PIC 6 and a brief item on federal jurisdiction.

I will be in touch with another edition of the Personal Injury Commission News soon.

Regards, 

Judge Gerard Phillips
President

Artificial intelligence and the law

The use of artificial intelligence within the law continues to be a hot topic of interest and was the subject of a recent inquiry by the NSW Legislative Council. The Commission will consider the government’s response to the inquiry’s report in line with any guidance from the Department of Communities and Justice to determine how we will approach this. In the meantime, the Law Society has provided a helpful summary of national and international AI guidance on their website, including their own guidance for solicitors and the NSW Bar Association’s report into issues arising from the use of AI language models.

New Acting Deputy President

Mr Paul Sweeney was appointed as an Acting Deputy President of the Commission, commencing on 1 August 2024 for a period of three years. Paul is a long-time member and was previously an arbitrator in the former Workers Compensation Commission.

Welcoming ceremony for new appointments

A special welcoming ceremony was held in the Commission’s Presidential Court earlier this month to formally mark the six most recent member appointments to the Commission, as announced in the last edition of the Personal Injury Commission News. The welcoming remarks are available on the Commission’s website.

Judges’ Series

The Sparke Helmore Judges’ Series is an opportunity for regular users of courts to hear from senior members of the Judiciary. The Presidential address on Tuesday 13 August included observations of insurers and litigation, how cases are presented and how they could be improved, and appeals. You can read the full speech on the Commission’s website.

Procedural Direction PIC 6

As reported in previous editions of the Personal Injury Commission News, from 1 July 2024 the Commission is only progressing permanent impairment dispute applications where sufficient evidence is provided in support of the degree of permanent impairment asserted by the party.

We are pleased to report that compliance with the requirements of both section 7.20(3) of the Motor Accident Injuries Act 2017 and cl 15 of Procedural Direction PIC 6 has been high, with only a small number of motor accidents permanent impairment disputes lodged not progressing due to insufficient evidence provided in support.

Federal jurisdiction

The District Court recently decided a number of workers compensation matters relating to the federal diversity jurisdiction. These cases can be found here.

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