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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.

HBA Lawyer elected Fellow of Australian Academy of Law

September 21, 2018

Media Release:   HBA Legal Partner Andrew Lu has been recognised with one of Australia’s highest legal industry accolades.   The Australian Academy of Law has elected Dr Lu as its latest Fellow. The Academy comprises individuals of exceptional distinction in the discipline of law who are committed to the advancement of the discipline and […]

Cleaners who are not perfect are not necessarily negligent: Court of Appeal win for cleaning contractor represented by HBA Legal

September 12, 2018

Argo Managing Agency Pty Ltd v Al Kammessy [2018] NSWCA 176.   Key Points:   It is possible to win a ‘contract cleaner’ matter where a spill is not detected by a cleaner, provided they are exercising “reasonable care”. Perfection on the part of the cleaner is not required. Reasonable care to identify and remove […]

Employer not liable when it did not know the risk of harm on construction site: a discount for vicissitudes to be applied to all future economic losses including damages for treatment and care

September 5, 2018

Avopiling Pty Ltd v Bosevski; Avopiling Pty Ltd v The Workers Compensation Nominal Insurer [2018] NSWCA 146. Key Points:  Care needs to be taken when commencing proceedings or maintaining proceedings against an employer in circumstances where the risks are not within their knowledge, or they would have no reason to know about the risk. This […]

Fall once, shame on me; Fall twice, claim on you

August 23, 2018

Small and Comcare. Key Points: Ms Small was a horseback police officer with the AFP who sustained a workplace injury in 2009 for which a claim was made and compensation paid In 2010 she fell at home, and lodged a claim for compensation In 2016 Comcare held a meeting with Ms Small to discuss ceasing […]

Notice of a claim must be given – no exceptions for detective

August 21, 2018

Leach and Comcare [2018] AATA 1632.   Key Points: The Tribunal was required to consider whether a claim for a psychological injury could be denied because the employee had not given notice of his injury as soon as practicable after he had become aware of it. The Tribunal found in favour of the employer. Background […]

Physiotherapy and massage considered to be “treats”, not treatment – a win for proponents of the limitations of physiotherapy and related treatment

August 10, 2018

Bhat and Comcare [2018] AATA 2094.   Key Points: Tribunal was asked to determine ongoing liability and, importantly, whether ongoing physiotherapy treatment was reasonably required to treat chronic back pain Held: ongoing physiotherapy was not reasonable medical treatment and the low back condition no longer resulted in a requirement for medical treatment or caused incapacity […]

First Special Counsel for NewLaw leader HBA

August 9, 2018

Media Release:   Expert defendant litigator Toby Whyte has joined insurance law specialists HBA Legal, bringing with her two decades of personal injury expertise. Whyte has become HBA’s first Special Counsel, after spending over two years with Moray & Agnew as Senior Associate and prior to that a combined 8 years as a lawyer with Jarman […]

You don’t have to be ‘perfect’ when it comes to Reasonable Administrative Action

August 2, 2018

Nguyen and Comcare [2018] AATA 1623   Key Points The Tribunal was required to consider whether a claim from a Senior Design Engineer employed by the Department of Defence could be denied using the reasonable administrative action defence. The employer argued that the psychiatric condition arose in response to a mid-cycle review and was further […]

“Yes” to using summonsed documents for claims management

August 1, 2018

LMFP and Comcare [2017] AATA 1512 (15 September 2017)   Key Points In appropriate cases, the Tribunal will release Licensees from implied undertakings preventing them from using summonsed documents for claims management purposes. Background The applicant had accepted claims for psychological and physical injuries sustained as a result of workplace bullying. The substantive matters before […]

Tribunal delivers harsh judgment on the use of the exclusionary provisions of the SRC Act

August 1, 2018

Wilson and K&S Freighters Pty Ltd [2018] AATA 464   Key Points The Tribunal considered the ‘voluntary and unreasonable submission to an abnormal risk of injury’, ‘wilful and false representation’ and/or ‘serious and wilful misconduct’ exclusions contained in sections 6(3), 7(7) or 14(3) of the SRC Act applied in the circumstances. These exclusions remain effective […]