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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.

Physiotherapy and massage considered to be “treats”, not treatment – a win for proponents of the limitations of physiotherapy and related treatment

August 10, 2018

Bhat and Comcare [2018] AATA 2094   Key Points Tribunal was asked to determine ongoing liability and, importantly, whether ongoing physiotherapy treatment was reasonably required to treat chronic back pain Held: ongoing physiotherapy was not reasonable medical treatment and the low back condition no longer resulted in a requirement for medical treatment or caused incapacity […]

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 […]

“Yes” to using summonsed documents for claims management

August 1, 2018

LMFP and Comcare [2017] AATA 1512 (15 September 2017)   Key Points In appropriate cases, the Tribunal will release Licensees from implied undertakings preventing them from using summonsed documents for claims management purposes. Background The applicant had accepted claims for psychological and physical injuries sustained as a result of workplace bullying. The substantive matters before […]

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 […]

Legal thought leader visits Newcastle

July 27, 2018

Media Release:   Legal thought leader visits Newcastle   University of Newcastle law students have been warned that they will need to acquire more skills than their predecessors needed, during a visit by world-renowned legal thought-leader Mitch Kowalski. Visiting from his native Canada, speaking to faculty and students today, Kowalski said young lawyers and law […]

NewLaw Guru: Partners need to get real

July 25, 2018

Media Release:   NewLaw Guru: Partners need to get real   World-renowned legal thought leader, Mitch Kowalski, has criticised the current generation of law firm partners for not taking serious steps to future-proof the Australian legal industry. Speaking at an Australasian Legal Practice Management Association (ALPMA) event, Kowalski said law firms are not only failing […]

Bunnings not liable for injuries on raised playground surface

July 18, 2018

Bunnings Group Limited (“Bunnings”) v Giudice [2018] NSWCA 144    Key Points  The Court needs to be careful when considering the precautions available to an occupier, including assessing the burden on the occupier with respect to each and every precaution. Bunnings appealed the decision of His Honour Judge Wilson (DCJ) from the District Court of […]

Same Safe-T-Step but one supermarket employer did not owe a duty of care.

July 18, 2018

Coles Supermarket Australia Pty Limited (“Coles”) v Harris [2018] ACTCA 25   Key Points Coles’ owed a duty to properly train an employees how to use a “Safe-T-Step”, even though previous cases involving the same step did not require the supermarket to do so. Coles appealed the decision of the Supreme Court of the ACT […]

New costs item for section 92(f) agreements in Western Australia: Contentious Business indeed

July 6, 2018

The latest Legal Profession (Supreme and District Courts) (Contentious Business) Report 2018 was published in the Government Gazette on 21 June 2018 and contains an important update relevant to the WA Workers’ Compensation Scheme. “New” Item 37 The Legal Profession (Supreme and District Courts) (Contentious Business) Determination 2018 (“Supreme Court Scale”) introduces item 37, which […]