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Recent Publications

Our team regularly produces articles and updates on legal developments and the implications for clients. Our latest publications can be viewed below. Alternatively, use the Search function on the left to find the topic of your choice.

Doyle’s Guide rates HBA among WA’s best insurance firms

November 14, 2019

Doyle’s Guide has announced the leading defendant insurance lawyers and law firms in Western Australia, with both HBA Legal and a number of our practitioners making the list. 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 […]

Support us to support Movember

November 6, 2019

It’s getting hairy here at HBA … Movember is in full swing as we help raise money to support the health of men around the world. Movember funds ground breaking projects globally.  Did you know that one man dies by suicide every minute of every day, with males accounting for 75% of all suicides? Please […]

SBS not liable for hairdresser’s stress claim

October 8, 2019

Lord and Comcare [2019] AATA 2965. Key Points: The Tribunal was required to consider whether SBS were liable to pay compensation for a psychological condition suffered by a hair and make-up artist. The Tribunal found in favour of the employer.   Background: Ms Belinda Lord (the applicant) began working for SBS as a hair and […]

No liability to pay for “Ted” (aka psychiatric assistance dog)

September 19, 2019

Brideson by guardian Lynette Brideson and Australian Capital Territory [2019] AATA 2314 (31 July 2019).   Key Points: Mr Brideson sought compensation for the training and upkeep of a psychiatric assistance dog. The Tribunal found that the dog did not fit the definitions of medical treatment or an aid or appliance and, therefore, compensation was […]

New Guidelines for Rehabilitation Authorities

September 19, 2019

Safety, Rehabilitation and Compensation (Guidelines for Rehabilitation Authorities) Instrument 2019.   Key Points The new Guidelines for Rehabilitation Authorities came into effect on 15 August 2019. The differences between the previous guidelines and the new guidelines are briefly discussed below. If you would like a more in-depth explanation of the changes, please get in touch. […]

Assessing hearing loss – when is a claim no longer compensable?

September 19, 2019

Cook and Telstra Corporation Limited [2019] AATA 1511.   Key Points: Mr Cook claimed that he suffered hearing loss as a result of his work at Telstra. The Tribunal was required to consider whether Mr Cook had a further claim for permanent impairment and non-economic loss in relation to the further deterioration in his hearing. […]

No diagnosis? No worries: Tribunal accepts claim for symptoms

August 15, 2019

Stefaniak and Comcare [2019] AATA 1866 (12 July 2019).   Key Points: Mr Stefaniak submitted a claim for workers’ compensation in respect of lower abdomen and groin pain. Despite no concrete diagnosis of his condition, the Tribunal found in favour of the employee.   Background: Mr Stefaniak was a professional sprinter who trained with the […]

Can a meeting to discuss carer’s leave be administrative action?

August 15, 2019

Comcare v Stewart [2019] FCA 365.   Key Points: The Federal Court was asked to consider the meaning of the phrase “administrative action”. The Federal Court found in favour of the employee and decided that he was entitled to compensation in respect to his adjustment disorder with anxious mood.   Background: Mr Stewart was the […]

Confidentiality and privacy concerns Not a justifiable reason for non-compliance

August 6, 2019

Carver and Comcare [2019] AATA 1534.   Key Points: The Tribunal was required to consider a claim for costs arising from a doctor complying with a summons. The Tribunal found that concerns about medical record confidentiality does not constitute a reasonable excuse for failing to comply with a summons. Reasonable expenses incurred in producing documents […]

New Partner at HBA Legal

July 10, 2019

Media Release:  Mario Raciti is the latest addition to the partnership team at HBA Legal. The insurance law specialists elevated Raciti after four and a half years as a Senior Associate, and well over a decade’s experience in Professional Indemnity, Casualty, Dispute Resolution and Subrogated Recoveries. Managing Director Brett Ablong said Raciti had been fundamental to […]