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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.
How to stop paying compensation after 33 years
November 15, 2018
Tocade and Comcare [2018] AATA 3863. Key Points: Ms Tocade suffered an aggravation of pre-existing arthritis in the neck at a work function in 1984. Comcare paid compensation for some 33 years before ceasing payments. Background: Ms Tocade was an employee of the Department of Defence. On 6 January 1984, Ms Tocade was attending a […]
Legislation Update – Increased Responsibility for workers that suffer “catastrophic injuries”
November 5, 2018
Legislation Update: Safety, Rehabilitation and Compensation (Catastrophic Injury) Rules 2018. Key Points: A “catastrophic injury” for the purposes of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (the SRC Act) is now defined in the Safety, Rehabilitation and Compensation (Catastrophic Injury) Rules 2018 (Cth) (the Rules). Definition of “catastrophic Injury”: Section 4(1) of […]
Bug Bites at a Call Centre
November 5, 2018
Carlson and Telstra Corporation Limited [2018] AATA 3359. Key Points: The Tribunal was required to consider whether a Telstra employee suffered an allergic condition as a result of insect bites sustained while working at a call centre in Queensland. The Tribunal found in favour of the employer. Background: On 15 December 2016, Ms […]
Top honours for team HBA: Doyle’s Guide 2018
October 31, 2018
HBA’s Ruth Slater and Dr Andrew Lu OAM have been named two of WA’s best lawyers in the newly released Doyle’s Guide 2018. Lawyers, barristers and firms are awarded based on feedback from industry peers, clients and relevant industry bodies. HBA has been named among the top law firms in the following categories: Leading Workers’ […]
Delay no impediment – Plaintiff’s late expert evidence allowed
September 26, 2018
Brown v Daniels & Anor [2018] QSC 209. Key Points: Admitting non-compliant Expert evidence is at the discretion of the Court. The Court has an overarching obligation to “ensure a trial is fair.”[1] Background: The Plaintiff was riding his vintage Harley Davidson when he collided with the passenger side towards the rear of […]
HBA Lawyer elected Fellow of Australian Academy of Law
September 21, 2018
Media Release: HBA Legal Partner Andrew Lu has been recognised with one of Australia’s highest legal industry accolades. The Australian Academy of Law has elected Dr Lu as its latest Fellow. The Academy comprises individuals of exceptional distinction in the discipline of law who are committed to the advancement of the discipline and […]
Cleaners who are not perfect are not necessarily negligent: Court of Appeal win for cleaning contractor represented by HBA Legal
September 12, 2018
Argo Managing Agency Pty Ltd v Al Kammessy [2018] NSWCA 176. Key Points: It is possible to win a ‘contract cleaner’ matter where a spill is not detected by a cleaner, provided they are exercising “reasonable care”. Perfection on the part of the cleaner is not required. Reasonable care to identify and remove […]
Employer not liable when it did not know the risk of harm on construction site: a discount for vicissitudes to be applied to all future economic losses including damages for treatment and care
September 5, 2018
Avopiling Pty Ltd v Bosevski; Avopiling Pty Ltd v The Workers Compensation Nominal Insurer [2018] NSWCA 146. Key Points: Care needs to be taken when commencing proceedings or maintaining proceedings against an employer in circumstances where the risks are not within their knowledge, or they would have no reason to know about the risk. This […]
Fall once, shame on me; Fall twice, claim on you
August 23, 2018
Small and Comcare. Key Points: Ms Small was a horseback police officer with the AFP who sustained a workplace injury in 2009 for which a claim was made and compensation paid In 2010 she fell at home, and lodged a claim for compensation In 2016 Comcare held a meeting with Ms Small to discuss ceasing […]
Notice of a claim must be given – no exceptions for detective
August 21, 2018
Leach and Comcare [2018] AATA 1632. Key Points: The Tribunal was required to consider whether a claim for a psychological injury could be denied because the employee had not given notice of his injury as soon as practicable after he had become aware of it. The Tribunal found in favour of the employer. Background […]