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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.
Don’t you (forget about material evidence): Federal Court finds Tribunal not to disregard subjective statements
August 24, 2017
Rus v Comcare [2017] FCA 239 Key Points The Federal Court was asked to consider whether the Tribunal had erred in determining that statements as to a witness’ belief in his own employment with a Commonwealth authority had no probative value. This case reminds us that any evidence – even subjective evidence provided after the fact – should not […]
It pays to be honest: Tribunal considers section 7(7) defence
August 24, 2017
Griffiths and Australian Postal Corporation (Compensation) [2017] AATA 1024 Key Points The Tribunal was required to consider whether Ms Griffiths was entitled to compensation in respect of her psychological condition. The Tribunal found that Ms Griffiths had been wilfully dishonest in relation to her medical history, which showed that she had previously suffered a similar […]
Trick or treatment: Section 16 “in relation to” test goes under the knife
August 24, 2017
Gharakhan and Comcare [2017] AATA 351 Key Points The meaning of “medical treatment obtained in relation to the injury” within section 16 of the SRC Act was considered in this Administrative Appeals Tribunal matter, which involved two separate incidents nine years apart. Comcare was found liable to pay compensation for surgery necessitated by an incident […]
You gotta fight, for your right… to reconsideration
August 24, 2017
Dabbs and Comcare [2017] AATA 518 Key Points The Tribunal was required to consider whether Mr Dabbs should be allowed to seek reconsideration of a determination after the period for reconsideration had expired. The Tribunal did not grant an extension to seek reconsideration because he had not demonstrated good reasons for his delay. Background Mr […]
Exclusion clauses in insurance policies can’t operate to make the contract a commercial nonsense
July 14, 2017
Cate Doosey v Nigel Walsh & Complete Building Inspection Services Pty Ltd [2017] NSWDC 8 Key Points The District Court of NSW determined that an exclusion clause relied upon by the insurer did not exclude an obligation under the policy to indemnify the building inspector for the claim. The Court emphasised that exclusion clauses which […]
HBA people excelling
July 4, 2017
Nathan Hepple, Chair of Board, and Brett Ablong, Managing Director, are excited and proud to announce promotions within our team Claire Tota to Senior Associate Will Goodheart to Associate Sam Blackman to Associate Many of you know these great individuals who have been simplifying and solving client’s problems for some years with HBA. We […]
HBA Legal launches Paratus – New Force in Claims Management Solutions
June 29, 2017
Legal services pioneer HBA Legal has taken a further step in its journey to improved legal and business solutions with the launch of Paratus, an integrated claims, risk and legal management business. Paratus is an evolution of HBA’s twenty-year old Customer Assistance Centre (CAC) which passes the baton of being the only claims management […]
Doctor disqualified for poor medical practice, not maintaining appropriate boundaries and sexualised behavior
June 16, 2017
Medical Board of Australia v Duck [2017] WASAT 28 Key Points In early 2014, the Medical Board of Australia received a notification alleging that Dr Gregory Duck had bought lingerie for a patient, taken photographs of her while she was wearing the lingerie and inappropriately prescribed the patient medication. The Board took immediate […]
NSW parliament votes down bill to decriminalise abortion
June 16, 2017
Background With abortion still considered a crime in NSW, many have labelled the current position as ‘archaic’ and ‘out of touch’ with modern societal and medical standards. According to the 100-year-old law, women who access abortion services and doctors who provide them are liable to imprisonment for up to ten years. The Law Sections 82 […]
Euthanasia drugs characterised as ‘palliative care’ rather than ‘end-of-life treatment’
June 16, 2017
Syme v Medical Board of Australia (Review and Regulation) [2016] VCAT 2150 Key Points Dr Syme, an 81-year-old urologist and vice-president of advocate group Dying with Dignity supplied Nembutal as part of his counselling services to terminally ill patients. Disputing a condition placed on his licence by the Medical Board of Australia, Dr Syme […]