The District Court of Queensland has recently handed down a decision providing further guidance and clarification regarding the broad disclosure obligations required of injured claimants.
The matter of Clements v Margalit & Ors [2025] QDC 197 involved an injured person who had commenced Court proceedings for various injuries sustained in a motor vehicle accident.
The issue in dispute related to whether the injured claimant was required to provide the insurer with information, photographs and social media posts that related to various hikes the claimant had undertaken (since the accident), including across the Arctic Circle, Tasmania, Uganda and Tanzania.
The Motor Accident Insurance Act 1994 states an injured claimant must disclose information, including documentary material, about the consequences of the accident, or the claimant’s medical condition, or prospects of rehabilitation (including any consequent disabilities).
The claimant refused the request on the basis it would be unreasonably onerous, it was unlikely to be relevant to a major issue in dispute and was an invasion of privacy.
On those points, Justice Grigg held:
- the provision of information and documents would not be overly burdensome;
- the information and documents were directly relevant to a major issue in the claim;
- disclosure of the information documents was not an unreasonable invasion of privacy.
In her reasoning, Justice Grigg stated the documents were directly relevant to the issues regarding the extent of the plaintiff’s disabilities and functional capacity.
Justice Grigg also confirmed the expression “directly relevant” should not be taken to mean direct evidence, and circumstantial evidence, which may not directly prove a fact on its own, is still required to be disclosed unless there is a valid basis for objecting (such as privilege).
With respect to whether the request was an unreasonable invasion of privacy, Justice Grigg made the following observations:-
- disclosure of photographs and social media posts [hyperlink to recent social media blog] are now commonplace in personal injury claims and are directly relevant to the assessment of damages;
- personal injury matters are by their very nature intrusive and if someone is before the Court seeking a substantial amount of money, the price of seeking such damages is complying with their disclosure obligations.
This decision is a timely reminder of the importance of an injured claimant’s duty of disclosure with respect to information and documents (either direct or circumstantial) that relate to their disabilities and functional capacity.
It is also a timely reminder that any contradictions between an injured person’s claimed disability and the activities they are performing will no doubt be used by an insurer to attack their credibility and cast doubt over the legitimacy of the claim.
