Dennis Denuto famously said, “it’s the Constitution, it’s Mabo, it’s justice, it’s law, it’s the vibe and aah no that’s it, it’s the vibe”. 

The Constitution establishes the composition of the Australian Parliament and outlines how the federal and state Parliaments share power.  It recognises some individual rights (such as freedom of religion) and implies others (such as freedom of speech). 

On its face, it has nothing whatsoever to do with motor accidents. 

Yet for a small but significant class of people, the Constitution has a fundamental impact on how motor accident claims are handled.

The recent Court of Appeal decision in Searle v McGregor [2022] NSWCA 213 has taken an important step in clarifying matters for this particular group of people.