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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.

Can a meeting to discuss carer’s leave be administrative action?

August 15, 2019

Comcare v Stewart [2019] FCA 365.   Key Points: The Federal Court was asked to consider the meaning of the phrase “administrative action”. The Federal Court found in favour of the employee and decided that he was entitled to compensation in respect to his adjustment disorder with anxious mood.   Background: Mr Stewart was the […]

Confidentiality and privacy concerns Not a justifiable reason for non-compliance

August 6, 2019

Carver and Comcare [2019] AATA 1534.   Key Points: The Tribunal was required to consider a claim for costs arising from a doctor complying with a summons. The Tribunal found that concerns about medical record confidentiality does not constitute a reasonable excuse for failing to comply with a summons. Reasonable expenses incurred in producing documents […]

New Partner at HBA Legal

July 10, 2019

Media Release:  Mario Raciti is the latest addition to the partnership team at HBA Legal. The insurance law specialists elevated Raciti after four and a half years as a Senior Associate, and well over a decade’s experience in Professional Indemnity, Casualty, Dispute Resolution and Subrogated Recoveries. Managing Director Brett Ablong said Raciti had been fundamental to […]

Fed Court decides Tribunal’s reasons fall short

July 1, 2019

Comcare and ZZRP [2019] FCA 952.   Key Points:   Comcare appealed a Tribunal decision to the Federal Court on the basis that it failed to apply the appropriate statutory test and did not provide adequate reasons for its decision. Justice Flick accepted that adequate reasons were not provided and the matter was remitted back […]

Personal choice not a reasonable excuse to refuse a return to work at NAB

July 1, 2019

Hogan and National Australia Bank [2019] AATA 780 (1 May 2019).   Key Points: The Tribunal was asked to decide whether an employee provided a reasonable excuse for her failure to undertake a rehabilitation program. The Tribunal found in favour of the employer.   Background: Ms Kylie Hogan was a lending assistant who submitted a […]

“Do your rehab” – Tribunal doesn’t accept workers pain complaints

July 1, 2019

Oliver and Comcare 2019 AATA 888.   Key Points: The Tribunal was required to consider whether a worker had a reasonable excuse for failing to undertake a rehabilitation program. The Tribunal found in favour of the employer.   Background: Ms Katrina Oliver was employed as an Executive Assistant and suffered an injury to her left […]

Tribunal takes strict interpretation of reasonable administrative action

June 27, 2019

Terbizan and Comcare [2018] AATA 3862.   Key Points: Mr Terbizan claimed to have sustained a psychological condition, as a result of the decision to cease his temporary role as a fire alarm administrator. As the role was always temporary, and this was communicated to Mr Terbizan as soon as possible, his claim was denied. […]

Gotcha! Surveillance ensures Telstra’s success in migraine claim

June 27, 2019

Cagliostro and Telstra Corporation Limited [2019] AATA 559.   Key Points: Ms Cagliostro claimed to suffer ongoing symptoms as a result of an injury to her head and neck from walking in to a door in 2012. The Tribunal was required to consider whether she had an ongoing entitlement to compensation.   Background: Ms Cagliostro […]

Passive treatment a limited fix – but is it reasonable?

June 27, 2019

Church and Comcare [2019] AATA 673 (9 April 2019).   Key Points: The Tribunal was asked to consider whether chiropractic treatment was reasonable medical treatment to obtain in respect of a low back injury. The Tribunal found in favour of Comcare.   Background: Dianne Church submitted a claim for workers’ compensation in relation to a […]

It’s official: HBA Legal among industry’s best

June 24, 2019

HBA Legal has been named a finalist in two categories of the 19th annual Australian Law Awards. The Awards, presented by Lawyers Weekly in partnership with the University of New South Wales, are often referred to as the pinnacle of award programs for the nation’s legal professionals, recognising individual, team and firm excellence. HBA is […]