Edition No.93
This edition was issued on 5 March 2026
Welcome
This week, I had the pleasure of presenting my annual address to the University of NSW Law School. It’s a privilege I look forward to each year that provides an opportunity to share some of the key matters relevant to practice in the Personal Injury Commission. Please take the time to have a read. The section on artificial intelligence, in particular, is important content for all tribunal users.
While on the subject of AI, the Commission was recently asked to clarify how the new AI rules which commenced on 1 January apply to expert reports prepared prior to 1 January 2026. Please find more information below.
Also in this edition, practitioners are reminded of the following:
- the purpose of the 500-page limit under rule 67
- the requirements of objections to notices for production in motor accidents matters
- the principles to be included in wholly or mostly at fault motor accidents disputes.
Finally, I am delighted to share some information about Judge Ralph Perdriau, the first Judge of the NSW Workers Compensation Commission. His story and that of many others will feature in the workers compensation centenary publication to be released later this year.
Regards,
Judge Gerard Phillips
President
UNSW Law School Address
The Annual Personal Injury Commission President’s Address to the UNSW Law School included the following topics:
- a centenary of workers compensation
- artificial intelligence is Personal Injury Commission proceedings
- the implementation of workers compensation legislation amendments
- recent decisions relevant to the Motor Accidents Division
- responding to increased filings at the Commission
- the Commission’s data
- civility in legal practice.
It is now available on the Commission’s website.
Purpose of rule 67B
Rule 67B of the Personal Injury Commission Rules 2021 requires a party must not lodge a document or bundle of documents under r 67A that has more than 500 pages for applicable dispute types.
This requirement ensures that only material relevant to proceedings is put before the Commission, reducing the volume of unnecessary material and strengthening the Commission’s approach to cyber security and privacy.
The Commission’s registry has recently rejected a number of applications where practitioners have tried to circumvent r 67B by including 2-4 pages of a document on each page of the bundle provided to the Commission.
Practitioners are reminded that if they need to lodge more than 500 pages of documents, they can do so under r 67C by filling in a form P01 and will need explain how the material relates to real issues in dispute between the parties.
For more information on the requirements of the 500-page limit under r 67B, read the Commission's fact sheet.
Application of AI rules to evidence prepared prior to commencement
New and amended rules relating to the use of generative artificial intelligence (Gen AI) in Commission proceedings commenced on 1 January 2026.
They include rules 33A, 33B, and 133B, supported by PD PIC 4 Expert Witnesses and PD PIC 13 – Use of Generative Artificial Intelligence, and clearly outline the circumstances in which AI is prohibited and the requirements for disclosing whether or not Gen AI was used from the commencement date.
For evidence prepared prior to 1 January 2026, such as expert reports, the Commission encourages practitioners to consider the Uniform Rules as they relate to their professional obligations to the Court and their client with respect to the evidence led in proceedings. That includes that it must accurately reflect the evidence of a witness or the opinion of an expert.
If an opponent challenges evidence as being AI-infected, then a practitioner will need to be able to meet that challenge, even if, for example, the expert report pre-dated 1 January 2026.
Directions for production – objections
Objections by parties to a direction for production of documents on third parties are listed before a Member (see s 49 of the Personal Injury Commission Act 2020 and r 46 of the Personal Injury Commission Rules 2021).
Following an increase in objections by parties to directions for production where the objections are without substance, the Commission urges practitioners to familiarise themselves with a recent Court of Appeal decision regarding the test for determining the validity of a subpoena issued in civil proceedings.
In Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145, it was held that:
- A subpoena will be presumed to have been issued for a legitimate forensic purpose if the documents are “apparently relevant” to the issues in the proceedings , or it can be seen that the documents sought to be produced by way of subpoena will (or there is a reasonable basis beyond speculation that they will) materially assist on an identified issue (at [65], [80] (Bell CJ); [89] Brereton JA; [98] McCallum JA).
- Documents will add “in some way” to the relevant evidence and be sought for a legitimate forensic purpose if they are capable of providing a legitimate basis for cross-examination, or go to credit, not withstanding that they are inadmissible ([40], [61]-[62] (Bell CJ); [89] (Brereton JA); [98] (McCallum JA).
- A parties’ inability to show that the subpoenaed documents are likely to assist its case will not necessarily mean that the subpoena has been issue for a legitimate forensic purpose ([63]-[64], [66], [80] (Bell CJ); [89] (Brereton JA); [98] (McCallum JA).
Practitioners are requested to consider these principles when objecting to the scope of directions for production of documents.
Wholly or mostly at fault disputes under ss 3.11 and 3.28 of the Motor Accident Injuries Act 2017
Disputes about whether for the purposes of ss 3.11 and/or 3.28 of the Motor Accident Injuries Act 2017 a motor accident was caused wholly or mostly by the fault of a claimant regularly come before the Commission for determination.
In AAI Limited t/as GIO v Evic [2024] NSWSC 1272 (Evic), Mitchelmore J considered these provisions and determined at [57] that ss 3.11 and 3.28 are directed at the extent to which the injured person’s failure to take reasonable care contributed to the motor accident and at [73] that the composite phrase “caused wholly or mostly by the fault of the person” can be read as directed at an enquiry as to the injured person’s contributory negligence for the motor accident, irrespective of the number of motor vehicles involved and how the claimant came to be injured.
Parties in proceedings before the Commission should be familiar with this decision and address it in their submissions.
Remembering Judge Ralph Perdriau
If there is a father of workers compensation law and the Commission in NSW, it is Judge Ralph Perdriau.
Judge Perdriau fought in the Boer War as a member of the Commonwealth Horse before returning to NSW.
He was the government lawyer who drafted the then Lang Government’s Workers Compensation Act 1926 (1926 Act) and was immediately appointed as a District Court Judge and the first head of the Workers Compensation Commission, a position he held until his retirement in 1951. For the first nine years he was the only judge in the Commission and, as a result, had a huge role in building out the jurisprudence. It was said that on appeal, his decisions were upheld on 75% of occasions which is a sterling achievement.
The 1926 Act introduced three things which were controversial at the time, compulsory employer insurance, a no-fault scheme (which departed from the UK model) and a dedicated Commission to hear and determine disputes. These three pillars have endured to this day.
Administrative Law Issues and the Personal Injury Commission Seminar
The Commission will host the Australian Institute of Administrative Law for a session chaired by the Hon. Acting Justice John Griffiths, NSW Court of Appeal at 5pm on 24 March 2026. Register to attend online.
Call for content
To submit stories, materials or photographs for the workers compensation centenary publication, email history@pi.nsw.gov.au.
Have a question about the Personal Injury Commission?
If you have a question you would like to ask about the Commission, please email us at communications@pi.nsw.gov.au
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