In motor accident claims under the Motor Accidents Compensation Act 1999 (NSW), claims for gratuitous attendant care services (s 141B MACA) and loss of capacity to provide domestic services to dependants (s 15B CLA) must meet the six-hour/six-month statutory thresholds independently; the thresholds cannot be met by combining hours across both heads. Where services are reasonably required by the plaintiff, the benefits to other household members may be disregarded, but where elements are severable between the plaintiff and others, commingling is impermissible. The assessment of future commercial domestic assistance must apply the Malec v JC Hutton approach to future contingencies rather than requiring proof that commercial assistance is 'likely' on a more definitive standard. The general application of the Kallouf v Middis principle — that a defendant bears the onus of proving residual earning capacity — was doubted.
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