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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.
Short term gain for long term pain: reasonable physiotherapy treatment
May 5, 2017
Yeats and Comcare [2017] AATA 80 (27 January 2017) Oliver and Comcare [2017] AATA 252 (28 February 2017) Key Points In both cases, the Tribunal was required to consider whether physiotherapy treatment constituted reasonable medical treatment pursuant to section 16 of the SRC Act. The lesson to be learnt from the cases is that […]
Time over effort: Salary increases under the SRC Act
May 5, 2017
Graham and Comcare [2016] AATA 932 (5 September 2016) Key Points The Tribunal considered whether an injured worker would be eligible for performance-based increases in salary in circumstances where he was not working because he was totally unfit. The Tribunal found that injured workers who are not working are only eligible for increases which would […]
You be the Judge: does the Worker or Tribunal decide on the type of permanent impairment to be assessed?
May 5, 2017
Comcare v Farrell [2016] FCAFC 115 Key Points The Full Court of the Federal Court was asked to decide if it was open to the Tribunal to make findings in respect of the assessment of permanent impairment using the Guide in relation to only one injury, when the claim before it was for multiple injuries. […]
When is a discount, not a discount?
April 3, 2017
HBA Legal reflects on the March 2017 change to the UK discount rate for future loss calculations. What does it means for the Australian insurance market? What are the changes? Future loss calculations in UK personal injury claims are set to skyrocket, with Lord Chancellor Elizabeth Truss announcing an unprecedented cut to discount rates […]
Special Medical Procedures – when is treatment authorisation required? A look at the test through the lens of gender dysphoria
March 30, 2017
In a presentation at the March 2017 Medico-Legal Congress in Sydney, HBA explored ‘special medical procedures’ – the types of medical treatments that neither a child nor its parent can consent to and require authorisation by the Family Court. HBA focussed on the legal test that determines which treatments require authorisation and how treatments for […]
Trainee’s attempted murder not mishandled; Optus wins appeal against $3.9 million award
March 14, 2017
Optus Administration Pty Limited v Glenn Wright by his tutor James Stuart Wright [2017] NSWCA (17 February 2017) Key Points The Plaintiff was a labour hire employee who suffered a serious case of Post Traumatic Stress Disorder (PTSD) when a co-worker attempted to kill him. This is the latest in a long line of unsuccessful […]
Get your stairway examined – Plaintiff awarded $1.6M for “stumble, loss of balance and fall” upon a stairway
March 14, 2017
Covey v State of Queensland [2017] QSC 23 Key Points An employer’s duty is very high and can include engaging experts to inspect things such as stairways for latent defects. Even in the case of non-catastrophic injuries, where a young worker has a reasonable argument they have lost a career due to an injury, $1M+ […]
“Arrogant and argumentative but not a pathological liar” – bikie awarded $164K in CTP claim
March 14, 2017
Mashaghati v Anderson & Allianz [2016] QDC 245 Key Point Although under appeal, Mashaghati is a reminder that even if there are strong reasons to impugn a Plaintiff’s credibility, unless that evidence is directly on point it is open to a trial judge to accept a Plaintiff’s evidence. Background On 1 May 2011 the plaintiff […]
Architects (and their clients) should take care as to the terms on which sub consultants are retained
March 14, 2017
Surfstone Pty Ltd & Anor v Morgan Consulting Engineers Pty Ltd [2016] QCA 213 Key Points A structural engineering firm incorporated terms limiting liability in its retainer with the architect by reference to usual Associate of Consulting Engineers of Australia (ACEA) terms by reference to them in the engineer’s proposal. Therefore the owners of the […]
Mandatory Reporting – Cyber Breach
March 14, 2017
Introduction At some stage, you will be the victim of a data breach. The consequence of a data breach could be that the personal information of your clients is exploited. According to data collected by Gemalto in its Breach Level Index (BLI), there were 974 data breaches worldwide in the first half of 2016, up […]