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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.

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 […]

Federal Court:  AFP Officer not “double dipping”

September 30, 2021

Friend v Comcare [2021] FCA 837.   Key Points: Ms Friend had an accepted claim for workers’ compensation under the SRC Act for “gastritis, irritable bowel syndrome, adjustment disorder with depressed and anxious mood and panic disorder without agoraphobia”. Ms Friend received $1.25 million in damages for sexual harassment and discrimination allegedly experienced in the […]

When a medical clinic submits summons compliance expenses, what’s reasonable?

September 30, 2021

Stekovic and Comcare [2021] AATA 2230.   Key Points: The Tribunal was asked to consider the reasonableness of expenses claimed by a medical clinic for compliance with a summons. The Tribunal found that the medical clinic had not provided sufficient evidence to support the costs claimed. The Tribunal applied the authority in Bestt and Military […]

Full Federal Court confirms compensation not payable where causal nexus between injury and employment no longer exists

September 30, 2021

Woodhouse v Comcare [2021] FCAFC 95.   Key Points: The Full Federal Court was asked to decide whether the Tribunal had erred in deciding that Ms Woodhouse’s psychological condition could no longer be said to be contributed to, to a material, degree, by her employment. The Full Court dismissed each of Ms Woodhouse’s grounds of […]

Tribunal confirms physiological change necessary for an “Injury” under Comcare scheme

September 30, 2021

QXQH and Comcare [2021] AATA 3036.   Key Points: The Tribunal was asked to consider whether an Executive with Services Australia was entitled to further compensation in relation to a shoulder injury suffered in 2015. The Tribunal found that the original injury was a sprain, without physiological change, which did not constitute an “Injury”. The […]

Tribunal affirms decision to cease compensation to Australia Post employee for 1993 work injury

September 17, 2021

Hickey and Australian Postal Corporation [2021] AATA 1521 (20 May 2021).   Key Points: The Tribunal was asked to consider ongoing liability to pay compensation to an Australia Post employee in respect of a lower back injury sustained in 1993. Australia Post produced evidence that the worker would have recovered within three months after the […]

Tribunal finds a fall in the course of employment did not cause or aggravate a rotator cuff injury

September 7, 2021

Dzajkoska and Comcare (Compensation) [2021] AATA 2035.   Key Points The Tribunal was asked to determine liability for a shoulder injury suffered when an Administration Officer fell over in a carpark at Sydney Airport. The Tribunal found that the employee’s shoulder injury was pre-existing and was not aggravated by the fall. The Tribunal found in […]