Accident compensation - Transport accident - "Serious injury" - "Severe long-term behavioural disturbance" - Whether symptoms consciously or unconsciously motivated - Transport Accident Act 1986 (No. 111) s. 93.

Accident compensation - Transport accident - Serious injury - Impairment - Successive accidents - Causation - Concurrent causes - Connection between accident and injury - Connection between injury and impairment - Pre-existing degenerative condition - Delayed impairment assessment - Apportionment of impairment as between different injuries - Transport Accident Compensation Act 1986 (No 111) s 46A.

Accident compensation - Transport accident - Serious injury - Impairment - Assessment - American Medical Association Guides - Interpretation - Physical impairment - Extremities, spine and pelvis - Whether "genuine functionally-driven physical impairment" capable of constituting impairment - Episodic neurological disorders - Migraine headaches attributable to neck disorder - No brain injury - Whether capable of assessment as "episodic neurological disorder" - AMA Guides Chs 1 2 - Transport Accident Act 1986 (No 111) ss 46A 46B(1).

Accident compensation - Transport accident - Serious injury - Impairment - Assessment - American Medical Association Guides - Interpretation - Nervous system - Disturbances of complex, integrated cerebral functions - Impairment limiting daily activities to directed care under confinement at home or in other domicile - "Confinement" - Whether restricted to a legally imposed restraint - Person living in special accommodation home - AMA Guides Ch 2 - Transport Accident Act 1986 (No 111) s 46A.

Administrative law - Victorian Civil and Administrative Tribunal - Reasons for decision - Judicial review - Accident compensation - Transport accident - Serious injury - Impairment - Assessment - American Medical Association Guides - Interpretation - Overlapping types of impairment - Disturbances of complex, integrated cerebral functions - Mental and behavioural disorders - AMA Guides Chs 2, 12 - Statutory prohibition on double counting - Failure to consider evidence for either type of impairment - Whether merely a failure to comply with statutory obligation to provide reasons - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 117(2) 117(5) - Transport Accident Act 1986 (No 111) ss 46A 46B.

Accident compensation - Transport accident - Serious injury - Severe long-term mental or severe long-term behavioural disturbance or disorder - Post-traumatic stress disorder - Impairment - Pre-existing psychological disorder - Impairment determination by Transport Accident Commission - Review by Administrative Appeals Tribunal - Tribunal finding that stress disorder resulted from traffic accident - Subsequent application for leave to bring common law proceedings - Causation - Whether injury limited to aggravation of pre-existing disorder - Extent to which expert evidence required - Whether administrative review decision gave rise to an issue estoppel - Whether parties or their privies identical - Inconsequential erroneous legal ruling - Judges - Reasons for decision - Sufficiency - Interlocutory proceeding - Transport Accident Act 1986 (No 111) ss 46A 93.

Accident compensation - Transport accident - Serious injury - Damages - Trial by judge and jury - Judgment - Interest - Calculation of interest by trial judge - Past losses - Jury verdict not differentiating between past and future losses - Trial judge relying on evidence of earnings of comparable employee - Plaintiff's situation not truly comparable - Failure to make allowance for post-accident earnings and statutory payments for lost earning capacity - Ascertainment of amount taken to have been allowed by jury for past loss - Preferable for counsel to agree - Transport Accident Act 1986 (No 111) ss 49 93(11) 93(15).

Accident compensation - Transport accident - Serious injury - Impairment - Assessment - American Medical Association Guides - Interpretation - Internal inconsistency - Inconsistency with Act - Time for assessment of impairment - Spinal injury - Successful surgery - Whether impairment to be assessed prior to surgery or treatment - Transport Accident Act 1986 (No 111) ss 8 46A

Accident compensation — Transport accident — Serious injury — Application for leave to commence common law proceeding — Standard of appellate review — Whether judge erred in failing to be satisfied that consequences were collectively very considerable — Transport Accident Act 1986 (Vic), s 93