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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.
HBA Legal kicks off 2020 with launch of Canberra presence
February 5, 2020
HBA Legal has begun the year by opening an office in Canberra, a move that gives the firm a greater national presence just months after winning a place on the whole of Australian government legal panel. The defendant-only insurance specialists, who have had a rapid rise in their eight years of business, already have offices […]
Calling all witnesses! – The importance of calling key witnesses
January 28, 2020
Kabic v AAI Limited t/as GIO [2019] NSWCA 247. Key Points: An appeal and cross-appeal were filed on the basis that the primary judge had erred in his findings of fact, contributory negligence and assessment of damages. The Court of Appeal allowed the appeal in respect of the finding of contributory negligence and assessment […]
Queensland Court of Appeal upholds that deceased driver owes duty to police officer
December 18, 2019
AAI Limited v Caffrey [2019] QCA 293. Key Points: The Queensland Court of Appeal upholds that tortfeasors owe a duty of care to police officers or any other professional rescuers who attend an accident scene. There was no policy reason to depart from the ordinary principles because the rescuer was acting in the course […]
Tribunal declines to make cost order for abortive hearing
December 18, 2019
O’Callaghan and Comcare [2019] AATA 4758 (14 November 2019). Key Points: The Tribunal was required to consider whether Comcare should be ordered to pay Mr O’Callaghan’s reasonable costs. The Tribunal found that Comcare should not be ordered to pay Mr O’Callaghan’s costs for a day of hearing which was rendered abortive as a result […]
Tribunal considers the meaning of “in a reasonable manner”
December 18, 2019
O’Callaghan and Comcare (Compensation) [2019] AATA 4378. Key Points: Mr O’Callaghan claimed to have suffered a psychological condition as a result of a meeting held to discuss his performance as a police officer. The Tribunal found that the meeting was not undertaken in a reasonable manner and that Mr O’Callaghan was entitled to workers’ […]
Assessing psychological conditions – when does the effect of employment stop?
December 18, 2019
Weatherburn v Comcare (Compensation) [2019] AATA 4196. Key Points: The Tribunal was asked to decide whether Miss Weatherburn’s former employment with the Commonwealth Government remained a significant contributing factor to her psychological condition. The Tribunal found in favour of Ms Weatherburn. Background: Miss Weatherburn commenced employment with the (then) Department of Immigration and […]
How long is too long when making a claim under the Safety, Rehabilitation and Compensation Act 1988?
December 18, 2019
Misha Di Carlo-Casablanca and Australian Capital Territory [2019] AATA 4772. Key Points: Ms Di Carlo-Casablanca made a claim for anorexia nervosa eight years after the date of injury. Ms Di Carlo-Casablanca’s claim was excluded pursuant to section 53 of the SRC Act, on the basis that Comcare had suffered prejudice as a result of […]
HBA Legal scoops two insurance experts
December 2, 2019
Media Release: Two seasoned insurance experts have joined the ranks at defendant firm HBA Legal, bringing with them a collective 30 years’ experience. Workers’ compensation specialist Shelley Johnson and dual plaintiff/defendant litigator Simon Perrein have joined HBA’s Sydney office, both as Senior Associates. Shelley, most recently with Sparke Helmore, has dedicated her career solely to […]
AAT Confirms Payments Cut Off Due to Pre-existing Mental Health Disorder
December 2, 2019
Oliver v Comcare [2019] AATA 4194. Key Points: The Tribunal was required to consider whether an employee continued to suffer from the effects of her compensable psychological injury. The Tribunal found in favour of the employer. Background: Sharon Oliver (the applicant) commenced employment with the Australian Tax Office (ATO) in 2001. The applicant […]
SBS not liable for hairdresser’s stress claim
December 2, 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 […]