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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.

Full Federal Court makes finding on late night out for Telstra worker

June 22, 2021

Dring v Telstra Corporation Limited [2021] FCAFC 50.   Key Points: The Full Federal Court was asked to consider whether a Telstra employee sustained an injury arising out of, or in the course of, her employment. The Full Court considered the principles in Hatzimanolis, PVYW, and Westrupp, and whether there was a sufficient connection between […]

Tribunal applies May and finds Armoured Vehicle Driver is no longer entitled to compensation for arm injury

June 22, 2021

Pearson and Prosegur Pty Ltd [2021] AATA 312.   Key Points: The Tribunal was asked to decide whether Mr Pearson was entitled to ongoing compensation for incapacity to work and medical treatment expenses, in respect of a soft tissue injury to the left arm. The Tribunal considered the principles in Military Rehabilitation and Compensation Commission […]

Tribunal finds ATO Analyst suffered burnout and depression from employment

June 22, 2021

Gibson and Comcare [2021] AATA 1183.   Key Points: The Tribunal was asked to consider liability for a psychological condition suffered by an analyst for the Australian Taxation Office. The Tribunal found that the reasonable administrative action exclusion did not apply to this claim, and ultimately concluded that the condition was contributed to, to a […]

Tribunal affirms Cleanaway’s position on hernia claims and reasonable administrative action

June 22, 2021

Barry and Cleanaway Operations Pty Ltd [2021] AATA 369.   Key Points: The Tribunal was asked to decide whether a truck driver was entitled to compensation in respect of a hernia and a psychological condition. The Tribunal did not accept the evidence of the employee and found that there was no evidence that a hernia […]

HBA’s Andrew Lu named on Queen’s Birthday Honours List

June 14, 2021

Congratulations to HBA’s own Dr Andrew Lu for being named on the Queen’s Birthday 2021 Honours List for “significant service to the visual and performing arts, to the law and to legal education”. Dr Lu has been appointed a Member (AM) in the General Division of the Order of Australia. He is the only Western […]

Typing duties did not aggravate carpal tunnel syndrome

June 3, 2021

Cavanagh and Comcare [2021] AATA 499   Key Points: The Tribunal was asked to consider whether a Customer Service Officer’s pre-existing carpal tunnel syndrome was aggravated by typing duties. The Tribunal found that while the employee may have experienced an increase in her symptoms, there was inadequate evidence to suggest that the employment duties caused […]

False perceptions are not considered contributing factors to psychological condition

June 3, 2021

WNBR and Comcare (Compensation) [2021] AATA 32.   Key Points: The Tribunal was asked to consider initial liability for a psychological condition. All that is required is that the employee is exposed to some incident, or state of affairs, in the course of the performance of his/her duties and to which he/she would not otherwise […]

Tribunal finds Cleanaway not liable for medical and incapacity payments of truck driver

May 18, 2021

Waititi and Cleanaway Operations Pty Ltd [2021] AATA 924.   Key Points: The Tribunal was asked to consider ongoing liability to pay compensation to a truck driver in respect of a hand injury suffered in 2018. The Tribunal accepted the evidence from Cleanaway’s medical expert that the employee was no longer incapacitated for work and […]

Tribunal applies Prain and finds that decade-long depression is not permanent

May 18, 2021

Bell and Comcare [2021] AATA 832.   Key Points: The Tribunal was asked to consider whether a former Customer Service Officer with the Department of Human Services was entitled to compensation for permanent impairment and non-economic loss in respect of her psychological condition. The Tribunal considered whether there was any ongoing contribution from the employment. […]

HBA Legal home to ‘Best Lawyers’

April 22, 2021

Three HBA Legal partners have been named in the 2022 Edition of Best Lawyers. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Lawyers who are nominated for consideration are voted on by those previously in Best Lawyers, who work in the same practice area […]