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Aged Care Quality & Safety … are you Royal Commission ready?

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  • January 7, 2019Mandatory counselling? Queensland Supreme Court says “No”

    James v State of Queensland [2018] QSC 188.   Key Points: The plantiff (a paramedic) claimed mandatory follow-up post trauma by the Queensland Ambulance Service (QAS) would have reduced his psychiatric injury and should have been imposed. The plantiff was aware that counselling was available to him under QAS’ autonomous mental wellbeing support programme. The […]

  • December 10, 2018Tribunal flexes its jurisdictional muscle in medical treatment claim

    Kumatia and Comcare [2018] AATA 1505.   Key Points: Comcare argued that a claim for medical treatment, without a substantive claim for compensation, did not confer the Tribunal with jurisdiction to determine liability. The Tribunal determined that claims for medical treatment can form the basis of a claim for compensation where the decision-maker has considered […]

  • November 28, 2018Christmas party season: if it isn’t official, it isn’t compensable

    Mozsny and Comcare [2018] AATA 1966. Key Points: The question was: whether an injury suffered at an unofficial Christmas party (attended by work colleagues) happened during the course of employment. The injury occurred outside of the normal place of employment at an event that was not officially approved or endorsed by the employer. The Tribunal […]

  • November 27, 2018Deeds vs Agreements for Settlement

    Which one and why?   Key points: Both deeds and agreements are used to record the terms of a settlement and impose legally binding obligations on parties. In this article we explore some of the key differences between deeds and agreements. Key differences: Some of the key differences between deeds and agreements include: An agreement […]

  • November 21, 2018To Protect (your income) and Serve

    Buswell v TAL Life Ltd [2018] NSWSC 1507.   Key Points: Damages are capital and not “income” under an income protection policy. To reduce compensation benefits due to a payment of damages for loss of earning capacity, income protection policies need to be clearly worded to do so. Background: The plaintiff was a Senior Constable […]

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