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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.

Federal Court upholds no present liability decision for postal workers’ 1993 injury

May 15, 2023

Hickey v Australian Postal Corporation [2023] FCA 57 Key Points The Federal Court was asked to decide whether the Administrative Appeals Tribunal erred in finding that Australia Post had no present liability to pay compensation to Mr Hickey for medical treatment and incapacity for work. The Federal Court dismissed the appeal with costs. Background Mr […]

Psychological condition is not an injury

May 10, 2023

CCTS and Comcare (Compensation) [2023] AATA 60 Key Points The Tribunal was asked to decide whether Comcare was liable for the applicant’s claimed psychological condition. The Tribunal found that the applicant had not suffered an injury for the purposes of section 5A of the SRC Act, and the reviewable decision was affirmed. Background In October […]

Claimed conditions were not contributed to the requisite degree by employment

May 10, 2023

Tipping and Comcare (Compensation) [2023] AATA 457 Key Points The Tribunal was asked to decide whether Mr Tipping suffered an “injury” as defined by the SRC Act. The Tribunal found in favour of Comcare. Background The applicant was employed by the Department of Defence (Defence) between 11 March 2011 and 31 August 2018. On 16 […]

Quality proficiency assessment was reasonable administrative action

May 10, 2023

Tierney and Comcare (Compensation) [2023] AATA 674 Key Points The Tribunal was asked to decide whether the applicant’s psychological condition was suffered as a result of reasonable administrative action, taken in a reasonable manner, in respect of his employment. The Tribunal found in favour of Comcare. Background On 9 October 1996, the applicant commenced employment […]

Lessons for employers: Covill v WorkCover Queensland [2022] QSC 171

September 20, 2022

Covill v WorkCover Queensland [2022] QSC 171 Background Atlas People Pty Ltd, a chef recruitment and labour hire company, employed chefs to work on short and long-term assignments in different parts of Australia. Ms Covill, a chef by trade, was employed by Atlas to first work on assignment in Batemans Bay in New South Wales. On […]

You don’t always have to put in a fresh claim, according to the Federal Court

July 19, 2022

Ellison and Comcare [2022] FCA 95.   Key Points: The Federal Court was asked to decide whether the Administrative Appeals Tribunal had erred in finding that it had no jurisdiction to consider a claim for workers’ compensation for Mr Ellison’s underlying degenerative disease of the spine. The Federal Court found there had been an error […]

AFP officer’s injury found to be a result of reasonable administrative action

July 19, 2022

Snook and Comcare [2022].   Key Points: The Tribunal was asked to consider liability for a psychological condition, claimed to have been sustained in the workplace by an Australian Federal Police Officer. The Tribunal found that the psychological condition did not meet the definition of Injury as it was suffered as a result of reasonable […]

An identifiable physiological change is not necessary for there to be an “ailment”

July 19, 2022

Wuth and Comcare [2022] FCAFC 42.   Key Points:   Ms Wuth appealed a decision of the Tribunal, which found than she had not suffered an injury within the meaning of the SRC Act because there had been no identifiable physiological change evident. The Full Court of the Federal Court stated that it was unnecessary […]

HBA Legal launches inaugural Reconciliation Action Plan (RAP)

July 18, 2022

Following formal endorsement from Reconciliation Australia, HBA Legal has published its inaugural Reflect RAP. In doing so, we are proud to join the 1100+ corporate, government and not-for-profit organisations across Australia that have made a formal commitment to reconciliation with First Nations Australians through the well-established RAP program. Our RAP has been driven by a […]

HBA Legal home to ‘Best Lawyers’

April 22, 2022

Six HBA Legal lawyers have been named in the 2023 edition of Best Lawyers. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.  The Best Lawyers in Australia list is now in its 15th year. Lawyers who are nominated for consideration are then voted on by […]