The injury was caused by the misconduct

For an injury to be “caused” by serious and wilful misconduct, there must be more than an incidental or minor causal contribution.  The misconduct must be the sole or principal cause of the injury.

Example - no causal link

  1. A member rode an unregistered motorcycle without a licence.  She was struck by a car reversing from a driveway.  Serious and wilful misconduct is able to be proven in this case, but as the injury was not caused by that misconduct, rather by the action of the car reversing into the motorcycle, compensation would be payable.