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Latest Insights

  • December 14, 2021Tribunal dismisses claims due to “abuse of process”

    NXPQ and Comcare [2021] AATA 4094.   Key Points: The Tribunal was asked to dismiss two applications on the basis that they were made on substantially the same facts as a claim which had already previously been decided by the Tribunal. The Tribunal found in favour of Comcare and dismissed both applications on the basis […]

  • December 14, 2021To summons, or not to summons, that is the question

    Martinovic and Australian Capital Territory [2021] AATA 3435.   Key Points: An employee of the ACT objected to a summons issued to obtain her medical records on the basis that the records contained information which, if disclosed, would remove her right to privacy on matters which she believed had no relevance to the proceedings. The […]

  • November 30, 2021Tribunal finds lower back injury not caused by prolonged sitting/standing at government department

    Salehi and Comcare [2021] AATA 3294.   Key Points: The Tribunal was asked to determine liability for a lower back injury claimed to have been sustained due to prolonged sitting and standing in the workplace. The Tribunal accepted that the employee suffered from a lower back condition but found no evidence that the condition was […]

  • November 29, 2021Tribunal: actions to address underperformance were reasonable

    YYHQ and Comcare [2021] AATA 3809.   Key Points: The Tribunal was asked to consider liability for a psychological condition, claimed to have been caused by bullying and harassment at the Department of Home Affairs. The Tribunal found that the psychological condition did not meet the definition of Injury as it was suffered as a […]

  • November 29, 2021Weight loss surgery not related to psychological condition

    Fittock and Comcare [2021] AATA 3628.   Key Points: The Tribunal was asked to consider liability for weight loss surgery obtained by a customer service officer working at Services Australia. The employee claimed that the surgery was necessary to treat her accepted psychological condition. The Tribunal applied Howes v Comcare [2016] FCA 1521 and found […]

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