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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.

‘Significant Contributing Factor’ no more

March 26, 2018

Shales and Commonwealth Bank of Australia [2017] AATA 1369 Key Points Commonwealth Bank defeats permanent impairment and non-economic loss claim. The Tribunal was not satisfied that Ms Shales continued to suffer from an injury that was significantly contributed to by her employment. Background Ms Shales worked for the Commonwealth Bank of Australia (CBA). On 25 […]

Post-Traumatic ‘Significant Contribution’: Tribunal revisits psychological injuries caused by multiple events

March 26, 2018

Sheehan and Comcare [2017] AATA 2777 Key Points While working for the Department of Immigration in Zimbabwe, the applicant heard news that her partner had been accused of wanting to bomb the Australian consulate in Dubai Nine days later, while working, the applicant was pulled over by Zimbabwean police and held at a police station […]

Tribunal lacks jurisdiction to deal with evolving diagnosis

March 26, 2018

  Solman and Comcare [2018] AATA 6 Key Points Ms Solman sustained a neck sprain injury, for which she had an accepted claim for workers’ compensation. Ms Solman’s diagnosis changed over time to a degenerative condition and the Tribunal was required to consider whether it had jurisdiction to hear her claim. Background In 2004, Ms […]

How not to get an Extension of Time in the Administrative Appeals Tribunal

March 22, 2018

Emery and Comcare [2017] AATA 2281 Key Points Mr Emery filed a late application for review of a decision, along with a request for an extension of time. The decision under review was actually favourable to Mr Emery. Mr Emery had also been provided with independent legal advice that his claim had minimal prospects of […]

HBA helps clients save money through underutilised SRC Act provisions

March 1, 2018

SRC Act Recovery – see how we make  clients’ funds swim back upstream!   Download the flyer!

Blockchain or Buzzchain?  Some early considerations of blockchain’s use in legal services

February 8, 2018

HBA Legal’s risk and cyber security experts have been enjoying some robust discussion about the potential merits and pitfalls of blockchain technology applied in the legal industry. Amid the flurry of stories about how this technology will – or won’t – change the world, what do we need to consider in relation to delivering legal […]

Desk jobs for truckies: Tribunal considers Suitable Duties and retirement

January 23, 2018

Cooney and K & S Freighters Pty Ltd (Compensation) [2017] AATA 1460 Key Points Mr Cooney was a trucker driver who injured his back in the course of his employment. He was offered clerical duties at his regular earnings, which he accepted. Mr Cooney subsequently retired whilst in the course of the clerical duties. The […]

A shift in theory on what causes hernias

January 23, 2018

Portors and Comcare [2017] AATA 2166 13 November 2017   Key Points The Tribunal was required to consider whether Mr Portors was entitled to compensation for medical treatment and incapacity to work in relation to an accepted hernia condition. The Tribunal found in favour of the employer that there was no liability to pay such […]

Credibility issues and delay scupper claim

January 23, 2018

Eleftheriou and Australian Postal Corporation [2017] AATA 1158   Key Points The Tribunal was required to consider whether Mr Eleftheriou had suffered an ‘injury’ or ‘aggravation of an injury’, and whether his delay in providing notice of the alleged injury (two and a half years) was not ‘as soon as practicable’ and prejudicial to Australia […]