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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.

Tribunal finds evidence shows claim is toothless

May 17, 2018

  Miles and Comcare [2018] AATA 6   Key Points Ms Miles sought compensation for treatment for dental issues, which she claimed occurred as a result of a work-related motor vehicle accident. The Tribunal was required to determine whether the dental treatment was required as a result of the motor vehicle accident. Background Ms Miles […]

Royal Commission into Institutional Responses to Child Sexual Abuse – RMIA discusses Child Safe Standards

May 17, 2018

By Rosan Santangelo, Partner, HBA Legal and President, NSW Chapter RMIA                The Risk Management Institute of Australia (RMIA) and HBA Legal are uniting RMIA’s diverse membership’s wide range of skills and disciplines to explore needs of vulnerable people. RMIA will plan sessions on risk strategy and frameworks, in […]

Postie’s pain is not enough

May 11, 2018

Dekker and Australian Postal Corporation [2018] AATA 682   Key Points The Tribunal was required to consider whether an employer was liable to pay compensation for two separate injuries sustained by Mr Dekker while working as a postal delivery officer. The Tribunal found in favour of the employer because Mr Dekker could not prove that […]

Remedial massage a quick fix – but is it reasonable treatment?

May 11, 2018

Pethes and Comcare Key Points Liability for the applicant’s condition, a respiratory disorder, was accepted in 1989 Between 1989 and 2016, the applicant underwent frequent remedial massage to treat back pain caused by excessive coughing The Tribunal found that massage, which caused temporary relief of the applicant’s back pain, was no longer reasonably required as […]

Tribunal won’t be drawn into making conclusions on RAA without sufficient and direct evidence in support

May 9, 2018

  Want and Comcare [2018] AATA 877   Key Points Whether a claimed psychological condition arose as a result of reasonable administrative action (RAA) and whether condition would not have arisen in absence of RAA. A lack of direct evidence on whether condition would not have arisen in absence of RAA prohibited the decision maker […]

Lean Law: Revisited

April 10, 2018

The Greek philosopher Plato once said that “out of necessity comes invention” and out of invention derives innovation. HBA Legal looks at the current legal landscape and the increasing demand for law firms to innovate in order to stay competitive.   Change and innovation: what lawyers fear most The practice of law has remained relatively […]

Can light work duties cause carpal tunnel syndrome?

March 26, 2018

Cross and Comcare (Compensation) [2018] AATA 52 (22 January 2018) Key Points The Tribunal was required to consider whether there was any liability to pay compensation in respect of bilateral carpal tunnel syndrome caused by work at Centrelink. The Tribunal found in favour of the employer that there was no liability to pay such compensation, […]

Lack of corroboration leads to denial of psych claim

March 26, 2018

  Squires and Comcare [2018] AATA 166 Key Points The Tribunal was asked to consider whether a claimed psychological condition was materially and/or significantly contributed to by employment. Significant pre-existing symptoms and a lack of reporting caused the Tribunal to find against Mr Squires. Background On 21 October 2002, Mr Squires commenced employment with Centrelink […]

Exclusion is not the aim of the game when it comes to considering the reasonableness of ‘aids or appliances’

March 26, 2018

Monk and Comcare [2018] AATA 224 Key Points Does a transporter van qualified as an ‘aid or appliance’, as prescribed by section 39(1)(e) of the SRC Act? The Tribunal applied the principle that an item required to “maintain personal sufficiency as largely as possible in the pursuit of his personal domestic life” is reasonable to […]

‘Significant Contributing Factor’ no more

March 26, 2018

Shales and Commonwealth Bank of Australia [2017] AATA 1369 Key Points Commonwealth Bank defeats permanent impairment and non-economic loss claim. The Tribunal was not satisfied that Ms Shales continued to suffer from an injury that was significantly contributed to by her employment. Background Ms Shales worked for the Commonwealth Bank of Australia (CBA). On 25 […]