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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 remains open amid COVID-19 pandemic

March 26, 2020

It feels inaccurate to say it’s ‘business as usual’ at HBA Legal, because we are all now working from home amid the COVID-19 pandemic. As you know, having our teams working from home is not how we usually operate but we feel we have a social responsibility to move to this way of working until […]

Not my employee! Consideration of an employers’ liability exclusion clause

March 19, 2020

Marketform Managing Agency Ltd for and on behalf of the Underwriting Members of Syndicate 2468 for the 2009 Year of Account v Ashcroft Supa IGA Orange Pty Ltd [2020] NSWCA 36 (10 March 2020).   Key Points An appeal and cross-appeal were filed on the basis that the primary judge erred in his interpretation of […]

HBA Legal kicks off 2020 with launch of Canberra presence

February 5, 2020

HBA Legal has begun the year by opening an office in Canberra, a move that gives the firm a greater national presence just months after winning a place on the whole of Australian government legal panel. The defendant-only insurance specialists, who have had a rapid rise in their eight years of business, already have offices […]

Calling all witnesses! – The importance of calling key witnesses

January 28, 2020

Kabic v AAI Limited t/as GIO [2019] NSWCA 247.   Key Points: An appeal and cross-appeal were filed on the basis that the primary judge had erred in his findings of fact, contributory negligence and assessment of damages. The Court of Appeal allowed the appeal in respect of the finding of contributory negligence and assessment […]

Queensland Court of Appeal upholds that deceased driver owes duty to police officer

December 18, 2019

AAI Limited v Caffrey [2019] QCA 293.   Key Points: The Queensland Court of Appeal upholds that tortfeasors owe a duty of care to police officers or any other professional rescuers who attend an accident scene. There was no policy reason to depart from the ordinary principles because the rescuer was acting in the course […]

Tribunal declines to make cost order for abortive hearing

December 18, 2019

O’Callaghan and Comcare [2019] AATA 4758 (14 November 2019).   Key Points: The Tribunal was required to consider whether Comcare should be ordered to pay Mr O’Callaghan’s reasonable costs. The Tribunal found that Comcare should not be ordered to pay Mr O’Callaghan’s costs for a day of hearing which was rendered abortive as a result […]

Tribunal considers the meaning of “in a reasonable manner”

December 18, 2019

O’Callaghan and Comcare (Compensation) [2019] AATA 4378.   Key Points: Mr O’Callaghan claimed to have suffered a psychological condition as a result of a meeting held to discuss his performance as a police officer. The Tribunal found that the meeting was not undertaken in a reasonable manner and that Mr O’Callaghan was entitled to workers’ […]

Assessing psychological conditions – when does the effect of employment stop?

December 18, 2019

Weatherburn v Comcare (Compensation) [2019] AATA 4196.   Key Points: The Tribunal was asked to decide whether Miss Weatherburn’s former employment with the Commonwealth Government remained a significant contributing factor to her psychological condition. The Tribunal found in favour of Ms Weatherburn.   Background: Miss Weatherburn commenced employment with the (then) Department of Immigration and […]

How long is too long when making a claim under the Safety, Rehabilitation and Compensation Act 1988?

December 18, 2019

Misha Di Carlo-Casablanca and Australian Capital Territory [2019] AATA 4772.   Key Points: Ms Di Carlo-Casablanca made a claim for anorexia nervosa eight years after the date of injury. Ms Di Carlo-Casablanca’s claim was excluded pursuant to section 53 of the SRC Act, on the basis that Comcare had suffered prejudice as a result of […]

HBA Legal scoops two insurance experts

December 2, 2019

Media Release: Two seasoned insurance experts have joined the ranks at defendant firm HBA Legal, bringing with them a collective 30 years’ experience. Workers’ compensation specialist Shelley Johnson and dual plaintiff/defendant litigator Simon Perrein have joined HBA’s Sydney office, both as Senior Associates. Shelley, most recently with Sparke Helmore, has dedicated her career solely to […]