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A Crack in the Plaintiff’s Case?

May 24, 2024

McKenzie v Charles Stewart & Company Proprietary Limited (trading as Colac Rental Management) [2024] VCC 429   Introduction Josiah Lee, Senior Associate, and Natasha Fiodoroff, Special Counsel, of HBA Legal acted for the successful second defendant in this matter after a hard-fought hearing over 12 days with two juries discharged. The matter was determined by […]

‘Stress’ is not a psychological injury

March 11, 2024

Griffin and K & S Freighters Pty Ltd (Compensation) [2023] AATA 535   Key Points The AAT was asked to determine whether the respondent was liable for Mr Griffin’s (the applicant) ‘stress’ arising from a series of events including being the subject of a claimed false sexual harassment allegation from a co-worker. Although the events […]

Chronic pain condition arising from a previously accepted injury is found to be not compensable

March 11, 2024

Keceski and Comcare [2023] AATA 1265   Key Points In 2014, Ms Keceski claimed compensation in relation to an arm injury arising from computer use. Liability was accepted by Comcare but Ms Keceski’s entitlements to incapacity payments and medical treatment were ceased in 2020. In the same year, she claimed compensation in relation to a […]

Tribunal Declines Liability for both Husband and Wife’s Claims due to Reasonable Administrative Action Exclusion

February 14, 2024

Messenger and Comcare (Compensation) [2023] AATA 2407 The Tribunal was asked to consider claims for compensation made by a husband and wife for psychological conditions arising as result of their employment in the office of Senator Jacqui Lambie. The Tribunal found that neither Mr nor Mrs Messenger suffered from a psychological condition (in Mrs Messenger’s […]

Slips and Falls and Underlying Degenerative Conditions: a case insight on the limits of liability

February 14, 2024

Singh and Comcare (Compensation) [2023] AATA 720 The Tribunal was asked to consider two related applications relating to injuries sustained from two separate falls and consider whether either of those falls contributed to or aggravated Ms Singh’s pre-existing osteoarthritis condition. The Tribunal found that Ms Singh had been suffering from significant pain as a result […]

WFH set up significantly contributes to right shoulder injury

February 14, 2024

Heldt and Comcare (Compensation) [2023] AATA 534 The Tribunal was asked to consider whether the applicant in this matter suffered an injury as defined by the SRC Act. The matter turned on competing expert evidence regarding causation, and it was found that Mr Heldt suffered from a right shoulder ailment which was significantly contributed to […]

Comcare not liable to pay compensation for medical expenses where injury is not in connection with employment

February 14, 2024

Hewitt and Comcare (Compensation) [2023] AATA 991 Ms Hewitt sought review of a reviewable decision dated 6 January 2020 which affirmed the determination of 17 April 2019, which found that the respondent had no present liability to pay medical expenses under section 16 of the SRC Act.   Key Points The Tribunal was required to […]

Employer Tortfeasor’s Liability – a not so simple example

October 10, 2023

Synergy Scaffolding Services Pty Ltd v Alelaimat [2023] NSWCA 213 Key Points An appeal and cross-appeal were filed on the basis that the Primary Judge had erred in his interpretation of an employers’ liability exclusion clause and findings in relation to contributory negligence, employers’ contribution pursuant to Section 151Z of the Workers’ Compensation Act, and […]

Xue v Karimbla Properties (No.45) Pty Ltd (No 2) [2023] NSWSC 795

September 20, 2023

Background Xue (the plaintiffs) were the purchasers of an off-the-plan apartment from members of the Meriton Group of companies (the defendants) who alleged they were misled by the defendants, prior to settlement, regarding the availability of vendor finance at the market interest rate, resulting in non-completion of the contract for sale. The plaintiffs subsequently commenced […]

Blue OP Partner Pty Ltd v De Roma [2023] NSWCA 161

September 20, 2023

Background The Primary Decision On 2 February 2017, Ms De Roma (the respondent) was walking “quickly” along a footpath towards a waiting bus at a nearby bus stop when she tripped and fell over a sunken steel checker plate utility pit lid and frame set in a concrete footpath, sustaining injury, loss and damage (the […]