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Published in Administrative Law on 19th Mar 2012
In Mikhman v Royal Victorian Aero Club & Ors [2012] VSC 42, the plaintiff had obtained a report from her psychiatrist that she had suffered psychological injuries above the required injury threshold as a result of witnessing a plane crash to the ground with fatal consequences only metres from her and her family. The Royal Victorian Aero Club disputed the psychiatrist’s assessment. Consequently, the Panel assessed her injuries and found, contrary to the assessments of the treating psychiatrist, she did not satisfy the threshold level of impairment required by statute. The plaintiff appealed the decision and alleged that the Panel erred in: failing to make its determination within...