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Faltusz and Telstra Corporation Ltd [2019] AATA 5995. Key Points: Mr Faltusz claimed workers’ compensation following a heart attack, suffered outside of his workplace, while he was waiting for a bus. The Tribunal found there was no link between Mr Faltusz’s employment and the claimed condition. The Tribunal found in favour of the employer. […]
David MacDonald v Accident Compensation Corporation [2009] NZACC 153. Background: In the United Kingdom in 1996, Smith G D, Crosby D L and Lewis P A conducted a study into 129 patients who had a total of 145 inguinal hernias. The study showed that in only 7% of cases the hernia was subjectively attributable to […]
Lim and Comcare (Compensation) [2018] AATA 4354. Key Points: Psychological injury sustained in the course of reasonable administrative action Decision remitted to the Administrative Appeals Tribunal from the Full Court of the Federal Court There was a question over whether the Full Court’s remittal to the Tribunal was a full or partial remittal Breach […]
Smith v Reader [2020] QSC 48. Key Points: The Supreme Court of Queensland considered an application for an extension of the limitation period on the basis of an expert report constituting a “material fact of a decisive character” pursuant to s 31 of the Limitation of Actions Act 1974 (Qld), and whether there was […]
Marketform Managing Agency Ltd for and on behalf of the Underwriting Members of Syndicate 2468 for the 2009 Year of Account v Ashcroft Supa IGA Orange Pty Ltd [2020] NSWCA 36 (10 March 2020). Key Points An appeal and cross-appeal were filed on the basis that the primary judge erred in his interpretation of […]
