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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.

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 […]

Lean Law: Revisited

April 10, 2018

The Greek philosopher Plato once said that “out of necessity comes invention” and out of invention derives innovation. HBA Legal looks at the current legal landscape and the increasing demand for law firms to innovate in order to stay competitive.   Change and innovation: what lawyers fear most The practice of law has remained relatively […]

Can light work duties cause carpal tunnel syndrome?

March 26, 2018

Cross and Comcare (Compensation) [2018] AATA 52 (22 January 2018) Key Points The Tribunal was required to consider whether there was any liability to pay compensation in respect of bilateral carpal tunnel syndrome caused by work at Centrelink. The Tribunal found in favour of the employer that there was no liability to pay such compensation, […]

Lack of corroboration leads to denial of psych claim

March 26, 2018

  Squires and Comcare [2018] AATA 166 Key Points The Tribunal was asked to consider whether a claimed psychological condition was materially and/or significantly contributed to by employment. Significant pre-existing symptoms and a lack of reporting caused the Tribunal to find against Mr Squires. Background On 21 October 2002, Mr Squires commenced employment with Centrelink […]

Exclusion is not the aim of the game when it comes to considering the reasonableness of ‘aids or appliances’

March 26, 2018

Monk and Comcare [2018] AATA 224 Key Points Does a transporter van qualified as an ‘aid or appliance’, as prescribed by section 39(1)(e) of the SRC Act? The Tribunal applied the principle that an item required to “maintain personal sufficiency as largely as possible in the pursuit of his personal domestic life” is reasonable to […]

‘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

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