In serious injury applications under s 93 of the Transport Accident Act 1986 (Vic), pecuniary disadvantage cannot be dismissed merely because the applicant's income has increased; loss of flexibility in the workforce due to injury-related restrictions on available occupations is a relevant pecuniary disadvantage. The consequences relating to pecuniary disadvantage and pain and suffering must be assessed together, not separately, in determining whether the 'very considerable' threshold is met. A trial judge who accepts an applicant's unchallenged evidence about pain and restrictions cannot then rely on medical opinions predicated on a different factual scenario.
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