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Recent Publications

Our team regularly produces articles and updates on legal developments and the implications for clients. Our latest publications can be viewed below. Alternatively, use the Search function on the left to find the topic of your choice.

Design thinking helps us win in the The Great Legal Reformation! Thanks to Mitch Kowalski for working with us and our clients this month!

November 21, 2017

Having a great couple of weeks touring Australia with NewLaw thought leader Mitch Kowalski, meeting with clients, students and business to explore the future of legal services.  Mitch talks about ‘The Great Legal Reformation’ – it’s here and only firms responding to the commercial need for efficiency and lower costs will get across the finish line. […]

Visiting Legal Innovation Thought Leader Supports Design Thinking for Legal Services

November 10, 2017

News Release:  10 November 2017       The irreversible shift in the legal industry and how to respond to it, will be addressed by Canadian NewLaw thought leader and author Mitch Kowalski when he meets with leading figures from the worlds of insurance, business and academia this month as part of an Australian tour […]

Sean Hayes to Helm New Player in Claims Management Market

November 8, 2017

Sean Hayes has been announced as director and General Manager of HBA Group’s new claims, legal and risk management business Paratus, launched June this year.   Paratus challenges traditional models of claims management by integrating legal services and continual risk assessment to deliver streamlined, cost-effective services to insurance clients. Hayes was formerly CGU’s National Agencies […]

Can an email or an impromptu discussion be an informal counselling action?

October 13, 2017

Adam and Comcare [2017] AATA 1507   Key Points The Applicant worked for the Department of Defence and claimed to have suffered a psychological condition due to the imposition of a deadline. Comcare argued that the Applicant’s disease was caused by an email from the Applicant’s first level supervisor and a discussion with her second […]

Serious invasions of privacy tort: where are we?

September 27, 2017

Key Points After 15 years of contemplation of the existence of a serious invasions of privacy tort at common law, the Australian Law Reform Commission in 2014 formally recommended its creation to the federal government. Public liability insurers would potentially be one of the first to be impacted by any more far reaching development of […]

Tribunal sorts out SRC Act aggravation principles

August 29, 2017

Almeida and Australian Postal Corporation [2017] AATA 1001 Key Points Ms Almeida, a Delivery Officer, complained of straining her lower back, right elbow and left knee while sorting some large mail in the course of her employment. The Tribunal found there was only a temporal, and not causal, connection between incident on 9 October 2014 […]

Failure to convince the Tribunal sees second bite at the cherry pipped 

August 29, 2017

  Moore and Military Rehabilitation and Compensation Commission [2017] AATA 532 Key Points The central issue was whether the Administrative Appeals Tribunal should allow a case to be re-litigated in circumstances where there had previously been a consent decision issued. The Tribunal determined that Mr Moore failed to provide sufficiently compelling reasons for the Tribunal […]

Managers beware:  reasonable administrative action in the post-Comcare v Martin world

August 29, 2017

Lim v Comcare [2017] FCAFC 64 Key Points The Full Court of the Federal Court of Australia was required to consider whether the Administrative Appeals Tribunal had made an error in law by misconstruing the meaning of the expression “suffered as a result of” contained in the exclusion set out in section 5A(1) of the […]

Assumptions of fact deemed insufficient to invoke willful and false misrepresentation exclusion

August 29, 2017

JXTZ and Comcare [2017] AATA 880 Key Points The Tribunal was required to consider whether the exclusion in section 7(7) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act) operated in the circumstances. The Tribunal determined that the evidence did not establish, on the balance of probabilities, that there had been a false […]

Release from implied undertaking? There might be no need!

August 29, 2017

Chin v Comcare [2017] AATA 634 Key Points The Tribunal was required to consider whether Comcare could use reports obtained in the course of proceedings for claims management purposes, despite them being caught by the implied undertaking. The Tribunal found that, while the implied undertaking applied to the documents, Comcare’s proposed use of the documents […]