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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.

Affirming the threshold of reasonable administrative action

December 10, 2024

NJCX (Compensation) [2024] AATA 6640   Key Points: The Tribunal was asked to review the claim for a psychological injury sustained during a employment probation period. The Tribunal reviewed the claim under the Safety Rehabilitation and Compensation Act 1988 (SRC Act) and the key questions were: Whether NJCX’s (the applicant) employment significantly contributed to her psychological condition, […]

Mitigating the Abuse of Process within the Tribunal – Dismissing an Application when the matter has been previously dealt with to finality

December 10, 2024

Kothe and Telstra Corporation Limited (Compensation) [2024] AATA 2412 (9 July 2024)   Key Points: The Tribunal was asked to review a decision dated 22 December 2023 which declined liability to pay compensation in respect of “Depression and Post Traumatic stress disorder” sustained on 28 January 2005. The respondent argued that a decision had already […]

The “reasonable administrative action” defence can encompass a broad range of actions of the employer

December 10, 2024

Moradi v Comcare [2024] FCA 812   Key Points: The applicant claimed compensation for psychological injury as a result of her deployment being terminated early. Her claim was declined for reason of reasonable administrative action and this decision was affirmed by the Tribunal. The applicant appealed to the Federal Court. The Federal Court was tasked […]

Credibility and reliability crisis: the challenges of claiming psychological injury

December 10, 2024

 Osman and Australian Postal Corporation (Compensation) [2024] AATA 2274   Key Points: The AAT was asked to determine whether the respondent was liable for Mr Osman’s (theapplicant) ‘stress and anxiety’ arising from a series of workplace events allegation. The AAT was critical of the inconsistent factual evidence and unreliable medical evidence, and was not able […]

Credibility Under Fire: Tribunal Rejects Compensation Due to Reasonable Administrative Action 

November 19, 2024

Martin and Comcare [2024] AATA 3313 (2 September 2024)    Key Points: Mr Martin claimed compensation for psychological injury as a result of a series of workplace issues. Liability was declined on the basis that the condition arises out of reasonable administrative action.   The Tribunal affirmed the reviewable decision. The Tribunal found that Mr Martin […]

Employer not liable to pay compensation where notice of injury is not provided as soon as practicable

September 12, 2024

Bith and Telstra Corporation Limited (Compensation) [2023] AATA 3612.   Key Points: The Tribunal was required to consider whether Mr Bith provided notice of injury as soon as practicable after he became aware of the injury. If Mr Bith suffered an injury, did his employment with Telstra contribute to or aggravate his condition to a […]

No confidentiality order or leave to rely on surveillance evidence granted in favour of a “cards on the table” approach

September 12, 2024

King and K & S Freighters Pty Limited (Compensation) [2024] AATA 244.   Key Points: The Tribunal was asked to consider making a confidentiality order over and granting leave to rely on surveillance footage and associated materials (surveillance evidence). The Tribunal decided not to grant the requested confidentiality order over the surveillance evidence based on […]

Abuse of process crystallised after claiming for an injury which had been settled   

September 12, 2024

Britton and Comcare [2023] AATA 3505.   Key Points: The Tribunal was asked to consider whether the applicant’s application for review ought to be dismissed for abuse of process. The Tribunal found that the applicant had agreed to settle a claim which found that Comcare was not liable for the applicant’s injury and the applicant […]

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 […]