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How to stop paying compensation after 33 years
November 15, 2018
Tocade and Comcare [2018] AATA 3863. Key Points: Ms Tocade suffered an aggravation of pre-existing arthritis in the neck at a work function in 1984. Comcare paid compensation for some 33 years before ceasing payments. Background: Ms Tocade was an employee of the Department of Defence. On 6 January 1984, Ms Tocade was attending a […]
Legislation Update – Increased Responsibility for workers that suffer “catastrophic injuries”
November 5, 2018
Legislation Update: Safety, Rehabilitation and Compensation (Catastrophic Injury) Rules 2018. Key Points: A “catastrophic injury” for the purposes of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (the SRC Act) is now defined in the Safety, Rehabilitation and Compensation (Catastrophic Injury) Rules 2018 (Cth) (the Rules). Definition of “catastrophic Injury”: Section 4(1) of […]
Bug Bites at a Call Centre
November 5, 2018
Carlson and Telstra Corporation Limited [2018] AATA 3359. Key Points: The Tribunal was required to consider whether a Telstra employee suffered an allergic condition as a result of insect bites sustained while working at a call centre in Queensland. The Tribunal found in favour of the employer. Background: On 15 December 2016, Ms […]
Top honours for team HBA: Doyle’s Guide 2018
October 31, 2018
HBA’s Ruth Slater and Dr Andrew Lu OAM have been named two of WA’s best lawyers in the newly released Doyle’s Guide 2018. Lawyers, barristers and firms are awarded based on feedback from industry peers, clients and relevant industry bodies. HBA has been named among the top law firms in the following categories: Leading Workers’ […]
Delay no impediment – Plaintiff’s late expert evidence allowed
September 26, 2018
Brown v Daniels & Anor [2018] QSC 209. Key Points: Admitting non-compliant Expert evidence is at the discretion of the Court. The Court has an overarching obligation to “ensure a trial is fair.”[1] Background: The Plaintiff was riding his vintage Harley Davidson when he collided with the passenger side towards the rear of […]
HBA Lawyer elected Fellow of Australian Academy of Law
September 21, 2018
Media Release: HBA Legal Partner Andrew Lu has been recognised with one of Australia’s highest legal industry accolades. The Australian Academy of Law has elected Dr Lu as its latest Fellow. The Academy comprises individuals of exceptional distinction in the discipline of law who are committed to the advancement of the discipline and […]
Fall once, shame on me; Fall twice, claim on you
August 23, 2018
Small and Comcare. Key Points: Ms Small was a horseback police officer with the AFP who sustained a workplace injury in 2009 for which a claim was made and compensation paid In 2010 she fell at home, and lodged a claim for compensation In 2016 Comcare held a meeting with Ms Small to discuss ceasing […]
First Special Counsel for NewLaw leader HBA
August 9, 2018
Media Release: Expert defendant litigator Toby Whyte has joined insurance law specialists HBA Legal, bringing with her two decades of personal injury expertise. Whyte has become HBA’s first Special Counsel, after spending over two years with Moray & Agnew as Senior Associate and prior to that a combined 8 years as a lawyer with Jarman […]
You don’t have to be ‘perfect’ when it comes to Reasonable Administrative Action
August 2, 2018
Nguyen and Comcare [2018] AATA 1623 Key Points The Tribunal was required to consider whether a claim from a Senior Design Engineer employed by the Department of Defence could be denied using the reasonable administrative action defence. The employer argued that the psychiatric condition arose in response to a mid-cycle review and was further […]
Tribunal delivers harsh judgment on the use of the exclusionary provisions of the SRC Act
August 1, 2018
Wilson and K&S Freighters Pty Ltd [2018] AATA 464 Key Points The Tribunal considered the ‘voluntary and unreasonable submission to an abnormal risk of injury’, ‘wilful and false representation’ and/or ‘serious and wilful misconduct’ exclusions contained in sections 6(3), 7(7) or 14(3) of the SRC Act applied in the circumstances. These exclusions remain effective […]