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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.
‘Lean, Mean, Fighting Machine’ – Lean Law: The next big legal revolution?
March 14, 2017
In the third and final part of our Innovation series, HBA Legal looks ahead in the legal industry and building a culture of Lean law within law firms. It is commonly agreed that changes need to be seen within the practice of law. So why are law firms only hearing about Lean law now? If […]
‘Waste not, want not’ – the modern lawyer: a garbage collector?
March 14, 2017
In the second part of HBA Legal’s three-part series, we take a look at the management philosophy Lean Six Sigma and how it can operate in law firms. Henry Ford believed that “it is not the employer who pays the wages. He only handles the money. It is the product that pays the wages”[1]. Ford, […]
Innovation, innovation everywhere, so let’s all have a drink
March 14, 2017
Greek philosopher Plato once said that “out of necessity comes invention” and out of invention derives innovation. In the first of a three-part series, HBA Legal looks at the current legal landscape and the recent demand for law firms to innovate in order to stay competitive. The practice of law has remained relatively untouched over […]
Better come with a good excuse: Postman’s Application for Extensions of time in the Administrative Appeals Tribunal rejected
December 21, 2016
Devlin and Australian Postal Corporation (Compensation) [2016] AATA 487 Key Points This decision underpins the onus and standard of proof borne by an applicant who has delayed in seeking review, and therefore makes an application for an extension of time under section 29(7)of the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act). Background Brian Devlin, an Australia […]
What constitutes an injury pursuant to section 5A of the SRC Act?
December 21, 2016
MRCC v May [2016] HCA 19 Key Points The High Court of Australia had to consider whether “dizziness” should be classified as an injury pursuant to section 5A of the SRC Act, or a disease pursuant to section 5B. Background Mr May enlisted in the Royal Australian Airforce (the RAAF). At the time of his […]
High Court examines the meaning of “as a result of” in relation to reasonable administrative action under the SRC Act
December 21, 2016
Comcare v Martin [2016] HCA 43 Key Points The High Court of Australia had to consider the meaning of the phrase “as a result of” in the reasonable administrative action exclusion in section 5A(1) of the SRC Act. In relation to the applicant’s case, the High Court found that the causal connection could be met […]
Time for Change? A look at Queensland’s abortion laws
December 14, 2016
Queensland has the most restrictive laws relating to abortion in Australia. In Queensland, abortion is still considered a crime under the State’s criminal code (Criminal Code Act 1899 (QLD) (the Act). Under the Act, any person who carries out, or assists with, an abortion may be liable to criminal prosecution. This includes the woman herself, […]
Adequate Warning? Surgeon found not liable for failure to warn in elective surgery
December 14, 2016
Morocz v Marshman [2015] NSWSC 325 Key Points Ms Morocz began proceedings against Dr Marshman after experiencing side-effects following an elective surgery to treat her hyperhidrosis (‘sweaty palms’). It was found that Ms Morocz was adequately warned of the risks and side effects of the surgery at her initial consultation and through an information booklet […]
Doctor found liable for professional misconduct in accessing wife’s medical records
December 14, 2016
Medical Board of Australia v Shah [2016] QCAT Key Points Dr Shah, a general practitioner, was accused of breaching the Code of Conduct for Doctors in Australia and Queensland Health Information Policy by accessing his estranged wife’s medical records without her authority. Dr Shah’s actions were found to be inconsistent with the standard of conduct […]
Pain management regimes and opiate toxicity – a fine line
December 14, 2016
Inquest into the death of Michael James Calder Key Points After being admitted to the Holy Spirit Northside Private Hospital for severe headaches, a healthy 33 year old male died as a result of the pain management drugs causing opiate toxicity administered during his stay Pre-existing medical conditions played a role in the death, despite […]