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  • March 19, 2020Not my employee! Consideration of an employers’ liability exclusion clause

    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 […]

  • December 18, 2019Queensland Court of Appeal upholds that deceased driver owes duty to police officer

    AAI Limited v Caffrey [2019] QCA 293.   Key Points: The Queensland Court of Appeal upholds that tortfeasors owe a duty of care to police officers or any other professional rescuers who attend an accident scene. There was no policy reason to depart from the ordinary principles because the rescuer was acting in the course […]

  • December 18, 2019Assessing psychological conditions – when does the effect of employment stop?

    Weatherburn v Comcare (Compensation) [2019] AATA 4196.   Key Points: The Tribunal was asked to decide whether Miss Weatherburn’s former employment with the Commonwealth Government remained a significant contributing factor to her psychological condition. The Tribunal found in favour of Ms Weatherburn.   Background: Miss Weatherburn commenced employment with the (then) Department of Immigration and […]

  • December 18, 2019How long is too long when making a claim under the Safety, Rehabilitation and Compensation Act 1988?

    Misha Di Carlo-Casablanca and Australian Capital Territory [2019] AATA 4772.   Key Points: Ms Di Carlo-Casablanca made a claim for anorexia nervosa eight years after the date of injury. Ms Di Carlo-Casablanca’s claim was excluded pursuant to section 53 of the SRC Act, on the basis that Comcare had suffered prejudice as a result of […]

  • December 2, 2019AAT Confirms Payments Cut Off Due to Pre-existing Mental Health Disorder

    Oliver v Comcare [2019] AATA 4194.   Key Points: The Tribunal was required to consider whether an employee continued to suffer from the effects of her compensable psychological injury. The Tribunal found in favour of the employer.   Background: Sharon Oliver (the applicant) commenced employment with the Australian Tax Office (ATO) in 2001.  The applicant […]

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