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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.

Former AFP officer not entitled to compensation for psychological condition sustained in 1987

March 17, 2022

Ascic v Comcare [2021] FCA 1498.   Key Points: The Federal Court was required to consider whether the Tribunal erred in finding that an Australian Federal Police Officer was not entitled to compensation for permanent impairment for a psychological condition. The Federal Court applied Kostas v HIA Insurance Services Pty Ltd t/as Home Owners Warranty […]

Employment & IR launch for Crawford’s Australian law firm

February 2, 2022

Media Release                                                                  1 February 2022   MELBOURNE:  HBA Legal, part of Crawford & Company®, the world’s largest publicly listed independent provider of claims management and outsourcing solutions, has again expanded its offering with the launch of an employment law and industrial relations practice. The national firm has welcomed two Partners, Michelle Dawson […]

Tribunal dismisses claims due to “abuse of process”

December 14, 2021

NXPQ and Comcare [2021] AATA 4094.   Key Points: The Tribunal was asked to dismiss two applications on the basis that they were made on substantially the same facts as a claim which had already previously been decided by the Tribunal. The Tribunal found in favour of Comcare and dismissed both applications on the basis […]

To summons, or not to summons, that is the question

December 14, 2021

Martinovic and Australian Capital Territory [2021] AATA 3435.   Key Points: An employee of the ACT objected to a summons issued to obtain her medical records on the basis that the records contained information which, if disclosed, would remove her right to privacy on matters which she believed had no relevance to the proceedings. The […]

Tribunal finds lower back injury not caused by prolonged sitting/standing at government department

November 30, 2021

Salehi and Comcare [2021] AATA 3294.   Key Points: The Tribunal was asked to determine liability for a lower back injury claimed to have been sustained due to prolonged sitting and standing in the workplace. The Tribunal accepted that the employee suffered from a lower back condition but found no evidence that the condition was […]

Tribunal: actions to address underperformance were reasonable

November 29, 2021

YYHQ and Comcare [2021] AATA 3809.   Key Points: The Tribunal was asked to consider liability for a psychological condition, claimed to have been caused by bullying and harassment at the Department of Home Affairs. The Tribunal found that the psychological condition did not meet the definition of Injury as it was suffered as a […]

Weight loss surgery not related to psychological condition

November 29, 2021

Fittock and Comcare [2021] AATA 3628.   Key Points: The Tribunal was asked to consider liability for weight loss surgery obtained by a customer service officer working at Services Australia. The employee claimed that the surgery was necessary to treat her accepted psychological condition. The Tribunal applied Howes v Comcare [2016] FCA 1521 and found […]

AFP Officer’s appeal dismissed – Full Federal Court upholds reliance on section 53

November 29, 2021

Leach v Comcare [2021] FCAFC 134.   Key Points: The Full Federal Court was asked to decide whether the Federal Court and the Tribunal had erred in finding that Mr Leach had failed to provide notice of his injury as soon as practicable after he became aware of it. The Full Court dismissed the appeal. […]

HBA again among Australia’s best insurance law firms

November 11, 2021

HBA Legal has been named one of Australia’s best insurance law firms in the 2021 Doyle’s Guide rankings – this year on both the east and west coasts of Australia. The rankings are highly regarded within the legal industry in that they are peer nominated and peer and client voted. Additionally, one can only nominate […]

Covid-19, vaccinations & the workplace – an HR issue or a Safety issue?

October 1, 2021

The management of COVID-19 in the workplace is a health and safety issue employers have been grappling with since the start of the pandemic. The recent developments with WorkSafe Victoria charging the Victorian Department of Health with 58 breaches of the Occupational Health and Safety Act (Vic) regarding Victoria’s hotel quarantine system is reflective of […]