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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.

Working from home a permanent option in the interests of wellness

May 14, 2020

HBA Legal has become the first Australian firm to offer working from home arrangements to every employee, in a post COVID-19 world. The defendant-only insurance firm was one of the first to move to working from home arrangements for all its people after coronavirus was declared a pandemic. In recent weeks there has been a […]

Tribunal concludes that Telstra didn’t cause heart attack

April 17, 2020

Faltusz and Telstra Corporation Ltd [2019] AATA 5995.   Key Points: Mr Faltusz claimed workers’ compensation following a heart attack, suffered outside of his workplace, while he was waiting for a bus. The Tribunal found there was no link between Mr Faltusz’s employment and the claimed condition. The Tribunal found in favour of the employer. […]

What we can learn from NZ’s workers’ compensation scheme regarding hernia claims?

April 17, 2020

David MacDonald v Accident Compensation Corporation [2009] NZACC 153.   Background: In the United Kingdom in 1996, Smith G D, Crosby D L and Lewis P A conducted a study into 129 patients who had a total of 145 inguinal hernias. The study showed that in only 7% of cases the hernia was subjectively attributable to […]

Full or partial remittal? That is the question

April 17, 2020

Lim and Comcare (Compensation) [2018] AATA 4354.   Key Points: Psychological injury sustained in the course of reasonable administrative action Decision remitted to the Administrative Appeals Tribunal from the Full Court of the Federal Court There was a question over whether the Full Court’s remittal to the Tribunal was a full or partial remittal Breach […]

HBA home to ‘Best Lawyers’

April 17, 2020

Insurance law experts Dr Andrew Lu OAM and Ruth Slater have been included in the 2021 Edition of The Best Lawyers in Australia. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Today, Best Lawyers publishes lists in 75 countries. “Best Lawyers was founded […]

Extension of limitation period denied, in favour of Doctor

April 16, 2020

Smith v Reader [2020] QSC 48.   Key Points: The Supreme Court of Queensland considered an application for an extension of the limitation period on the basis of an expert report constituting a “material fact of a decisive character” pursuant to s 31 of the Limitation of Actions Act 1974 (Qld), and whether there was […]

Complete dismissal for continual failure to proceed by applicant

April 16, 2020

Mitchell v Comcare [2020] AATA 257.   Key Points: The Tribunal was required to consider whether an Application should be dismissed, on the grounds that the applicant failed to progress her Application. The Tribunal found in favour of Comcare.   Background: Ms Mitchell had an accepted claim for a lower back condition.  She lodged an […]

Inconsistent evidence leads Tribunal to uphold denial of liability

April 16, 2020

Watterson and Visionstream Pty Ltd [2019] AATA 5457.   Key Points: The Tribunal was required to consider whether Mr Watterson had sustained radiation exposure and a psychological injury as a result of his employment with Visionstream. The Tribunal found credibility issues with Mr Watterson’s evidence, and found in favour of the employer.   Background: Mr […]

COVID-19: responding to legal & commercial risks

April 11, 2020

This article is brought to you in collaboration with Lion Underwriting. To download the full article, click here. Executive Summary Corona Virus or COVID-19, has caused unprecedented interruption to retail and commercial operations, and has had a profound effect on retail operations and the performance of contractual obligations for organisations engaged to clean, secure or maintain […]

Confused about COVID-19 Lockdown Laws?

April 7, 2020

Struggling to keep up with the latest movement restrictions in NSW? Confused about what you are allowed to do and what you can not due amid the COVID-19 pandemic?  Worried about what activities may lead you to be fined by police?  Read on for some much needed clarification from HBA Legal Senior Associate Iona Sjahadi who has […]