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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.

It’s all fun and games – but is it work related?

June 15, 2018

Hill and Comcare  [2018] AATA 670 Key Points Mr Hill attended a weekend ‘Games’ sporting event facilitated by the Department of Human Services, and injured himself during a game of netball He took annual leave to attend the event, which was participant-funded. He was not encouraged to attend the event by his employer It was found […]

Change of position: Federal Court sets aside Tribunal’s decision that Comcare was not excluded from paying worker’s compensation

June 15, 2018

Comcare v Drinkwater [2018] FCAFC 62 Key Points Mr Drinkwater suffered a psychological injury as a result of being moved into a new position in the Department of Immigration. Comcare’s decision to deny liability to pay compensation to Mr Drinkwater on the basis of the “reasonable administrative action” exclusions were set aside by the Tribunal. […]

Reasonable Administrative Action – Unreasonable?

June 15, 2018

Green and Comcare [2018] AATA 1266 Key Points The Tribunal was required to consider whether a claim from a Safety Officer employed by the Department of Defence could be denied using the reasonable administrative action defence. The employer relied on two incidents that it alleged fell within the reasonable administrative action exclusion. The Tribunal found […]

New Partner: HBA Secures Industry Leader for  NewLaw Growth

June 13, 2018

News Release:   13 June 2018   New Partner: HBA Secures Industry Leader for NewLaw Growth   Industry leader and pre-eminent WA medical negligence and professional indemnity lawyer, Dr Andrew Lu OAM, is joining legal services entrepreneur HBA Legal to spearhead its Perth-based Medical Malpractice and Health Law service. Dr Lu joins the national insurance law firm […]

Australian Guide to the European Union General Data Protection Regulation (the GDPR)

May 31, 2018

What is the GDPR? The European Union General Data Protection Regulation (GDPR) contains new data protection requirements that have applied from 25 May 2018.  It applies broad rights protecting individuals’ personal information across the EU   Who does it apply to? The GDPR applies to businesses that are data processors and controllers with an establishment […]

Royal Commission into Institutional Responses to Child Sexual Abuse – RMIA discusses Child Safe Standards

May 17, 2018

By Rosan Santangelo, Partner, HBA Legal and President, NSW Chapter RMIA                The Risk Management Institute of Australia (RMIA) and HBA Legal are uniting RMIA’s diverse membership’s wide range of skills and disciplines to explore needs of vulnerable people. RMIA will plan sessions on risk strategy and frameworks, in […]

Postie’s pain is not enough

May 11, 2018

Dekker and Australian Postal Corporation [2018] AATA 682   Key Points The Tribunal was required to consider whether an employer was liable to pay compensation for two separate injuries sustained by Mr Dekker while working as a postal delivery officer. The Tribunal found in favour of the employer because Mr Dekker could not prove that […]

Remedial massage a quick fix – but is it reasonable treatment?

May 11, 2018

Pethes and Comcare Key Points Liability for the applicant’s condition, a respiratory disorder, was accepted in 1989 Between 1989 and 2016, the applicant underwent frequent remedial massage to treat back pain caused by excessive coughing The Tribunal found that massage, which caused temporary relief of the applicant’s back pain, was no longer reasonably required as […]

Tribunal won’t be drawn into making conclusions on RAA without sufficient and direct evidence in support

May 9, 2018

  Want and Comcare [2018] AATA 877   Key Points Whether a claimed psychological condition arose as a result of reasonable administrative action (RAA) and whether condition would not have arisen in absence of RAA. A lack of direct evidence on whether condition would not have arisen in absence of RAA prohibited the decision maker […]