On 1 May 2023, the Victorian County Court handed down its judgment in the Rosata matter. The decision has taken respondents in Victoria by surprise and may overturn a process that has been bedded down over the last 20 years.

In Rosata, the County Court held that the Medical Panel can only make one determination in each proceeding. This is the position irrespective of the number of respondents, or when they are brought into the claim. This ruling effectively challenges the position about whether a determination is binding on a respondent who was not party to that referral.

The decision also raises some significant questions for insurers and their customers in personal injury claims in Victoria, as Andrew Seiter and Hope Saloustros explain in this article.

You can download the full PDF below.