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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.
Cyber Attack – should you pay the ransom?
May 25, 2023
Cyber Attack – should you pay the ransom? In some instances, it’s unlawful to pay The increase in cyber-attacks has been notable over the past decade. Threat actors have become more sophisticated in their strategies and execution of attacks. We are seeing an increasing trend for an organisation’s data to be encrypted and held to […]
Self-insured corporation liable to pay compensation for aggravation of previously accepted injury
May 18, 2023
Higgerson and Prosegur Australia Pty Ltd (Compensation) [2023] AATA 115 Key Points The Tribunal was asked to consider liability for an aggravation of a pre-existing and previously accepted knee injury. The Tribunal was satisfied that the applicant had suffered an injury in the course of his employment and found in favour of the applicant. Background […]
Federal Court upholds no present liability decision for postal workers’ 1993 injury
May 15, 2023
Hickey v Australian Postal Corporation [2023] FCA 57 Key Points The Federal Court was asked to decide whether the Administrative Appeals Tribunal erred in finding that Australia Post had no present liability to pay compensation to Mr Hickey for medical treatment and incapacity for work. The Federal Court dismissed the appeal with costs. Background Mr […]
Psychological condition is not an injury
May 10, 2023
CCTS and Comcare (Compensation) [2023] AATA 60 Key Points The Tribunal was asked to decide whether Comcare was liable for the applicant’s claimed psychological condition. The Tribunal found that the applicant had not suffered an injury for the purposes of section 5A of the SRC Act, and the reviewable decision was affirmed. Background In October […]
Claimed conditions were not contributed to the requisite degree by employment
May 10, 2023
Tipping and Comcare (Compensation) [2023] AATA 457 Key Points The Tribunal was asked to decide whether Mr Tipping suffered an “injury” as defined by the SRC Act. The Tribunal found in favour of Comcare. Background The applicant was employed by the Department of Defence (Defence) between 11 March 2011 and 31 August 2018. On 16 […]
Quality proficiency assessment was reasonable administrative action
May 10, 2023
Tierney and Comcare (Compensation) [2023] AATA 674 Key Points The Tribunal was asked to decide whether the applicant’s psychological condition was suffered as a result of reasonable administrative action, taken in a reasonable manner, in respect of his employment. The Tribunal found in favour of Comcare. Background On 9 October 1996, the applicant commenced employment […]
Lessons for employers: Covill v WorkCover Queensland [2022] QSC 171
September 20, 2022
Covill v WorkCover Queensland [2022] QSC 171 Background Atlas People Pty Ltd, a chef recruitment and labour hire company, employed chefs to work on short and long-term assignments in different parts of Australia. Ms Covill, a chef by trade, was employed by Atlas to first work on assignment in Batemans Bay in New South Wales. On […]
You don’t always have to put in a fresh claim, according to the Federal Court
July 19, 2022
Ellison and Comcare [2022] FCA 95. Key Points: The Federal Court was asked to decide whether the Administrative Appeals Tribunal had erred in finding that it had no jurisdiction to consider a claim for workers’ compensation for Mr Ellison’s underlying degenerative disease of the spine. The Federal Court found there had been an error […]
AFP officer’s injury found to be a result of reasonable administrative action
July 19, 2022
Snook and Comcare [2022]. Key Points: The Tribunal was asked to consider liability for a psychological condition, claimed to have been sustained in the workplace by an Australian Federal Police Officer. The Tribunal found that the psychological condition did not meet the definition of Injury as it was suffered as a result of reasonable […]
An identifiable physiological change is not necessary for there to be an “ailment”
July 19, 2022
Wuth and Comcare [2022] FCAFC 42. Key Points: Ms Wuth appealed a decision of the Tribunal, which found than she had not suffered an injury within the meaning of the SRC Act because there had been no identifiable physiological change evident. The Full Court of the Federal Court stated that it was unnecessary […]