Stewart v Kirk

[2026] ACTSC 33

Supreme Court of the ACT16 February 2026

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Interrogate

Catchwords

1. Personal Injury
2. › Motor vehicle accidents
3. › Statutory benefits scheme
4. › Precondition for common law damages claim
5. › Whole person impairment assessment
6. › Whether assessment by private medical examiner who is also independent medical examiner satisfies threshold
7. › Motor Accident Injuries Act 2019 (ACT), ss 239, 145, 149, 158, 159
1. Statutes
2. › Interpretation
3. › Text, context and purpose
4. › Meaning of 'has been assessed' in passive voice
5. › Contextual construction within statutory scheme
6. › Role of subsequent amendment
7. › Motor Accident Injuries Act 2019 (ACT), s 239(1)(a)

Quick Take

Under the Motor Accident Injuries Act 2019 (ACT) as in force before amendment, a WPI assessment by a private medical examiner who also holds independent medical examiner status does not satisfy the s 239(1)(a) precondition for a motor accident claim; only the assessment by the IME provider-appointed examiner is determinative.