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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.
When ‘Conservative Treatment’ isn’t enough: recognising and responding to clinical deterioration
December 14, 2016
Inquest into the death of Mark Anthony Plumb Key Points Mark Plumb underwent elective gallstone removal surgery. Following the surgery, he deteriorated quickly and became septic, passing away the following evening. Mr Plumb’s surgeon, Dr Anderson, failed to take an alternative care procedure when conservative methods began to fail, which led to his rapid demise. […]
No compo for ‘white knight’ trucker – AAT dismisses worker’s claim for injuries suffered in service station brawl
November 29, 2016
O’Loughlin v Linfox Australia Pty Ltd [2016] AATA 606 Key Points The employer initially accepted this claim for injuries suffered as a consequence of the worker’s decision to become involved in a “domestic dispute” that occurred at a service station where he was delivering fuel. Following the High Court’s PVYW decision (the motel sex case) […]
Redefining the workplace
November 4, 2016
Demasi v Comcare (Compensation) [2016] AATA 644 (26 August 2016) Key Points The AAT was required to consider the scope of the term ‘in the course of employment’ and in particular, the meaning given to the phrases ‘place of work’ and ‘ordinary recess’, in the context of flexible working arrangements. Background Maryanne Demasi (Demasi), an […]
Is answering a question falsely enough to constitute a willful and false representation, under section 7(7) of the SRC Act?
November 3, 2016
McQueen-Thomson and K&S Freighters Pty Ltd [2016] AATA 510 Key Points Although Mr McQueen-Thomson did make an incorrect representation in his claim form, the Tribunal did not consider his representation to be wilful and false. Background On 17 December 2012, Mr McQueen-Thomson suffered an injury to his right shoulder while delivering dry ice in Tullamarine. […]
Costly slip up: Employer liability for day to day activities whilst travelling for employment
November 3, 2016
Garrett and Comcare (Compensation) [2015] AATA 801 Key Points Employee suffered an injury while in the shower of a hotel room whilst travelling for work. Whether the injury arose in the course of employment on the basis the injury was suffered during an interval or interlude in an overall period or episode of work. Held […]
Breast reduction surgery: Cosmetic or necessary?
November 3, 2016
Howes and Comcare [2015] AATA 921 Key Points The Tribunal considered whether breast reduction surgery constituted reasonable medical treatment obtained in relation to the compensable injuries. The Tribunal found that in the circumstances, breast reduction surgery was not obtained in relation to the compensable injuries. Background Ms Howes commenced work at the Australian Taxation Office […]
Provision of assistive equipment could prevent ongoing claims for compensation
November 3, 2016
Scuderi and Comcare [2015] AATA 921 Key Points The Tribunal considered whether Ms Scuderi was entitled to receive compensation for household services, including leg waxing, toe nail clipping and delivery of groceries. Background Ms Scuderi was 43 years old at the time of the proceedings. She had commenced work with the Commonwealth Bank of Australia […]
False assurances of employer lead to adverse decision
November 3, 2016
Voss and Comcare [2016] AATA 515 Key Points Meetings pertaining to matters of general administration, management and the implementation of policy may not be considered to be “reasonable administrative action” pursuant to section 5A(2) of the SRC Act. Background Mr Voss was working in Brisbane as a regional manager with the Department of Defence. The […]
No knowledge, no liability for employer in sexual assault case
October 12, 2016
Polichronis v Teys Australia Food Solutions Pty Ltd [2016] QDC 225 Key Points The Plaintiff was sexually assaulted by a co-worker. To succeed in a damages claim, the Plaintiff must show the employer was on notice that the assailant co-worker had “significant history of misbehaviour”. A thorough post-incident investigation is crucial to protect an employer […]
Claimant’s excuse for delay “stretches credulity” – Defendant succeeds in limitation defence
October 12, 2016
Morgan v JBS Australia PTY Limited [2016] QDC 226 Key Points To bring a claim for personal injury outside the usual three year limitation period in Queensland, the main thing a Plaintiff needs to show is that a material fact of a decisive character occurred within the previous 12 months. Usually, the fact that a […]