Zotti cases and amendments the Motor Accidents Compensation Act

29/10/2010

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.ï¿½ The amended provisions are retrospective to 1 Octoberï¿½ 2006.

Representations were made to Government toï¿½ 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 wouldï¿½ be interested in hearing about any pre-1 October 2006 _Zotti _cases. The MAA has indicated that where insurersï¿½ 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 onï¿½ amcconnachie@nswbar.asn.auï¿½ to discuss how the MAA can be approached to address the Zottiï¿½ issue.

**29 October 2010 **

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