Annual Indexation of Benefits

Under Section 61 of the Transport Accident Act 1986, benefits payable to accident victims are indexed from 1 July each year. Click on the link below to see the latest list of indexed benefits

TAC Common Law Claims

The expressions “TAC common law damages claim” or “TAC common law claim” refer to a claim for damages that a seriously injured TAC claimant can bring in circumstances where his or her injuries have been caused by the negligence of another person. Negligence – proving liability To be successful in a TAC common law claim, an injured accident victim must … Read More

TAC Claims – Serious Injury

The TAC compensation scheme that operates in Victoria is primarily a no-fault compensation scheme. However, transport accident victims whose injuries were caused by the negligence or carelessness of another person can, subject to a number of significant legal requirements, bring a common law damages claim against the negligent party (the defendant). To bring a common law claim they must also … Read More

Common Law Claims – Liability

The word liability is a legal term. It describes that part of a TAC common law claim that deals with how the accident occurred. It is best characterised by the expression – “Is the defendant liable to pay damages?” The defendant will only be liable to pay common law damages if it was the defendant’s negligence that caused the accident … Read More

Common Law Claims – Defences

In a common law damages claim, the person who brings the claim is called the Plaintiff. The person against who the claim is brought is called the Defendant. For the Plaintiff to succeed in a common law claim it is necessary to prove that the Plaintiff’s injuries were caused by the Defendant’s negligence. To be negligent, the Defendant must have … Read More

What is a Settlement Conference?

Many aspects of the Victorian TAC scheme are governed by a system of voluntary protocols (“the TAC protocols”). The TAC protocols provide the method by which TAC claims are managed, including the management of TAC common law claims. Under the TAC common law protocols there is a requirement for the parties to explore the potential for a negotiated resolution of … Read More

Common Law Claims – Implications of Settlement

TAC claimants who suffer a “serious injury” and can prove that the negligence of another person caused their injury, can bring a common law damages claim. In our experience, most common law damages claims resolve within about 12 months of the accident victim retaining us to act. When a common law damages claim resolves there are a number of implications … Read More