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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.
No pain, no gain: Does pain triggered at work give rise to a compensable aggravation of a pre-existing condition?
September 19, 2016
Higgins v Linfox Australia Pty Ltd [2015] AATA 843; Key Points A mere increase in pain does not constitute compensable aggravation under the SRC Act. Background Mr Higgins suffered an injury as a result of a non-work related car accident in 2010. The accident resulted in Mr Higgins suffering a bulging disc in his neck […]
Reasonable administrative action in the face of Chronic Fatigue Syndrome
September 15, 2016
DNJN and Comcare [2015] AATA 928 (2 December 2015) Key Points Whether aggravation of chronic fatigue syndrome was suffered as a result of reasonable administrative action taken in a reasonable manner in respect of DNJN’s employment, pursuant to the exclusionary provisions in subsection 5A(1) of SRC Act. Background DNJN was employed in the Australian Public […]
The Importance of Taking Critical Incidents Seriously – Carer awarded $454K in damages for client assault
August 29, 2016
Greenway v The Corporation of the Synod of the Diocese of Brisbane [2016] QDC 195 Key Points Courts will take a common sense and realistic approach as to an employer’s duty to prevent incidents by carers by their clients. However, once an incident occurs, courts will take a stringent approach as to what an employer […]
Flight attendant’s injury following Los Angeles arrest for sexual assault ‘arose out of employment’
August 29, 2016
Colin Harvey v Simon Blackwood (Workers’ Compensation Regulator) & Qantas Airways Limited [2016] ICQ 014 Key Points The Claimant succeeded in his claim for workers’ compensation against Qantas after he developed Post Traumatic Stress Disorder (PTSD) following his arrest for an alleged sexual assault on a co-worker. This decision confirms Queensland’s test of when a […]
The Importance of Incident Reporting
August 23, 2016
When the Defendant’s Witnesses have no good reason to remember – the Importance of Incident Reporting Hutchison Construction Services Pty Ltd v Fogg; Fogg v Les Quatre Musketeers Pty Ltd (t/as Plastamasta South Coast [2016] NSWCA 135 Key Points Absent clear contemporaneous evidence, or a “dramatic event”, a plaintiff’s evidence about an event will almost […]
National Disability Insurance Scheme of Queensland – Implications for Workers’ Compensation Insurers
August 11, 2016
Introduction The National Disability Insurance Scheme (NDIS) commenced on 1 July 2016. The Workers’ Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Bill 2016 is presently before the Queensland Parliament. Once enacted, workers’ compensation Insurers will be required to pay treatment, care and support compensation to injured workers who have sustained a serious personal injury […]
New COO to Guide NewLaw Growth at HBA Legal
August 9, 2016
NewLaw firm HBA Legal has appointed a Chief Operating Officer to help guide its growth, following rapid expansion over the past year to nine partners and three offices (Perth, Sydney, Brisbane). Cath Cipro, based in Sydney, is responsible for national people management, financial management and organisational performance. She brings 12 years’ experience as a lawyer, six […]
Risk Management and Risk Response Services
August 2, 2016
HBA Legal is pleased to offer the services of its risk management experts. We work across a number of sectors including: Corporate Financial Retail Construction Medical Products/Manufacturing/Importing Not for Profits Our approach to legal advice is flexible and tailored to the needs of each client after an engaged and considered consultation. Our primary aim is […]
Australian Products – Labelling
July 25, 2016
A new value proposition for consumers Introduction A new Information Standard[1] under Australian Consumer Law (ACL) has been created which sets out the new country of origin labelling requirements for food sold in Australia. The widely discussed Competition and Consumer Amendment (Country of Origin) Bill 2016 was introduced to the Parliament to amend safe harbour defences[2] under ACL […]
NDIS – A Short Guide for Insurers
July 7, 2016
NDIS – A Short Guide for Insurers June 2016 Introduction Australia’s National Disability Insurance Scheme (NDIS) is here and moving into a crucial implementation phase over the next 12 months. Rosan Santangelo, HBA Legal Partner, reviews some documents from the NDIS website and examines the legislation with a view to understanding what these changes will […]