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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.

Managers beware:  reasonable administrative action in the post-Comcare v Martin world

August 29, 2017

Lim v Comcare [2017] FCAFC 64 Key Points The Full Court of the Federal Court of Australia was required to consider whether the Administrative Appeals Tribunal had made an error in law by misconstruing the meaning of the expression “suffered as a result of” contained in the exclusion set out in section 5A(1) of the […]

Assumptions of fact deemed insufficient to invoke willful and false misrepresentation exclusion

August 29, 2017

JXTZ and Comcare [2017] AATA 880 Key Points The Tribunal was required to consider whether the exclusion in section 7(7) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act) operated in the circumstances. The Tribunal determined that the evidence did not establish, on the balance of probabilities, that there had been a false […]

Release from implied undertaking? There might be no need!

August 29, 2017

Chin v Comcare [2017] AATA 634 Key Points The Tribunal was required to consider whether Comcare could use reports obtained in the course of proceedings for claims management purposes, despite them being caught by the implied undertaking. The Tribunal found that, while the implied undertaking applied to the documents, Comcare’s proposed use of the documents […]

AAT settles the issue of legal privilege in Tribunal proceeding

August 29, 2017

Buttigieg and Comcare [2017] AATA 1002 Key Points The key issue was whether section 38AA of the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act), and the ongoing obligation of a decision-maker to disclose all documents that come into its possession after it has complied with its obligations under section 37 of the AAT Act, […]

No hardship? No stay

August 24, 2017

Weston and Cleanaway Operations Ltd (11 July 2017) Key Points The Tribunal was required to consider whether Mr Weston should be granted a stay order in respect of the reviewable decision which found that there was no present liability to pay compensation. The Tribunal was not persuaded that it was desirable to make the stay […]

NBN and RAA in the AAT: Tribunal confirms Martin v Comcare ‘significance’ threshold

August 24, 2017

Yunupingu and Comcare [2017] AATA 622 Key Points The Tribunal considered the principles expounded in the High Court case of Comcare v Martin, in respect of the reasonable administrative action provisions in section 5A(2) of the SRC Act. This decision serves as further authority to support the view that Martin limits the operation of the […]

Don’t you (forget about material evidence): Federal Court finds Tribunal not to disregard subjective statements

August 24, 2017

Rus v Comcare [2017] FCA 239 Key Points The Federal Court was asked to consider whether the Tribunal had erred in determining that statements as to a witness’ belief in his own employment with a Commonwealth authority had no probative value. This case reminds us that any evidence – even subjective evidence provided after the fact – should not […]

It pays to be honest: Tribunal considers section 7(7) defence

August 24, 2017

Griffiths and Australian Postal Corporation (Compensation) [2017] AATA 1024 Key Points The Tribunal was required to consider whether Ms Griffiths was entitled to compensation in respect of her psychological condition. The Tribunal found that Ms Griffiths had been wilfully dishonest in relation to her medical history, which showed that she had previously suffered a similar […]

Trick or treatment: Section 16 “in relation to” test goes under the knife

August 24, 2017

Gharakhan and Comcare [2017] AATA 351 Key Points The meaning of “medical treatment obtained in relation to the injury” within section 16 of the SRC Act was considered in this Administrative Appeals Tribunal matter, which involved two separate incidents nine years apart. Comcare was found liable to pay compensation for surgery necessitated by an incident […]

You gotta fight, for your right… to reconsideration

August 24, 2017

Dabbs and Comcare [2017] AATA 518 Key Points The Tribunal was required to consider whether Mr Dabbs should be allowed to seek reconsideration of a determination after the period for reconsideration had expired. The Tribunal did not grant an extension to seek reconsideration because he had not demonstrated good reasons for his delay. Background Mr […]