Zotti cases and amendments the Motor Accidents Compensation Act

Fri Oct 29 2010

The New South Wales Government is in the process of passing the Motor Accidents Compensation Amendment Bill 2010. This Bill incorporates an amendment to Section 3 and 3A of the Motor Accidents Compensation Act 1999 to overcome difficulties created by the Court of Appeal decision in Zotti v Australian Associated Motor Insurers Limited (2009) NSWCA 323.� The amended provisions are retrospective to 1 October� 2006.

Representations were made to Government to� widen the application of the Bill as it was understood that there were still some cases from pre-1 October 2006 where insurers were taking a Zotti _point, however the Bill has not been extended to cover these cases. The MAA has indicated that it would� be interested in hearing about any pre-1 October 2006 _Zotti _cases. The MAA has indicated that where insurers� are taking a _Zotti point in pre-1 October 2006 cases, the MAA would be prepared to discuss the approach taken with the insurer.

Any members who have a pre-1 October 2006 case in which there is a Zotti issue are invited to contact the Alastair McConnachie, deputy executive director at the Bar Association on�� to discuss how the MAA can be approached to address the Zotti� issue.

29 October 2010

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