The phrase 'unlikely ever' in TPD clauses requires more than a balance of probabilities assessment. A real chance of return to relevant work — even if less than 50% — precludes satisfaction of the TPD definition. Only a remote or speculative possibility of return to work will satisfy the definition. The headnote of White v Board of Trustees stating 'unlikely' means less than 50% is erroneous and should not be relied upon. The Edwards line of authority permitting courts to determine TPD questions where insurers breach their duties remains settled law throughout Australia.
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