AAW v GIO Ltd

In the case of AAW v GIO Ltd, the claimant sought a review of the decision regarding the amount of weekly payments of statutory benefits under Division 3.3 of the Motor Accident Injuries Act 2017. The dispute arose from the assessment of the claimant’s weekly earnings, specifically whether she had incurred a loss of earnings due to the motor accident. The claimant, who was receiving jobseeker payments, argued that she had lost her earnings because of the accident, while GIO Ltd maintained that she had not suffered a loss of earnings as she was earning income from her business. The matter was heard in the relevant court, where the primary issue was to determine whether the claimant had demonstrated a loss of earnings attributable to the accident.

The court was required to examine whether the income the claimant earned from her business constituted income from personal exertion, which would be relevant in assessing her loss of earnings. Another legal issue was whether there were any exceptional circumstances that would warrant a review of the decision. The court considered the statutory provisions and the evidence provided by both parties to make its determination.

The court held that the claimant’s income earned as a Director of a company constituted income from personal exertion. The claimant had not demonstrated a loss of earnings due to the accident, as she was still earning income from her business. The court found that there were no exceptional circumstances to warrant a review of the decision. Consequently, the claimant's application for review was dismissed, and the decision was affirmed. The court also issued orders for the claimant to produce certain documents, but none were produced. The court assessed the claimant’s costs in accordance with the Personal Injury Commission Regulation 2020, determining them to be $1,660 plus GST.