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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.

Personal choice not a reasonable excuse to refuse a return to work at NAB

July 1, 2019

Hogan and National Australia Bank [2019] AATA 780 (1 May 2019).   Key Points: The Tribunal was asked to decide whether an employee provided a reasonable excuse for her failure to undertake a rehabilitation program. The Tribunal found in favour of the employer.   Background: Ms Kylie Hogan was a lending assistant who submitted a […]

“Do your rehab” – Tribunal doesn’t accept workers pain complaints

July 1, 2019

Oliver and Comcare 2019 AATA 888.   Key Points: The Tribunal was required to consider whether a worker had a reasonable excuse for failing to undertake a rehabilitation program. The Tribunal found in favour of the employer.   Background: Ms Katrina Oliver was employed as an Executive Assistant and suffered an injury to her left […]

Tribunal takes strict interpretation of reasonable administrative action

June 27, 2019

Terbizan and Comcare [2018] AATA 3862.   Key Points: Mr Terbizan claimed to have sustained a psychological condition, as a result of the decision to cease his temporary role as a fire alarm administrator. As the role was always temporary, and this was communicated to Mr Terbizan as soon as possible, his claim was denied. […]

Gotcha! Surveillance ensures Telstra’s success in migraine claim

June 27, 2019

Cagliostro and Telstra Corporation Limited [2019] AATA 559.   Key Points: Ms Cagliostro claimed to suffer ongoing symptoms as a result of an injury to her head and neck from walking in to a door in 2012. The Tribunal was required to consider whether she had an ongoing entitlement to compensation.   Background: Ms Cagliostro […]

Passive treatment a limited fix – but is it reasonable?

June 27, 2019

Church and Comcare [2019] AATA 673 (9 April 2019).   Key Points: The Tribunal was asked to consider whether chiropractic treatment was reasonable medical treatment to obtain in respect of a low back injury. The Tribunal found in favour of Comcare.   Background: Dianne Church submitted a claim for workers’ compensation in relation to a […]

It’s official: HBA Legal among industry’s best

June 24, 2019

HBA Legal has been named a finalist in two categories of the 19th annual Australian Law Awards. The Awards, presented by Lawyers Weekly in partnership with the University of New South Wales, are often referred to as the pinnacle of award programs for the nation’s legal professionals, recognising individual, team and firm excellence. HBA is […]

HBA Legal bolsters Brisbane team

June 11, 2019

Media Release: Expert defendant litigator Kim Waygood has joined insurance law specialists HBA Legal, bringing with her over a decade of personal injury, insurance and dispute resolution expertise. Waygood joins as Senior Associate under Partner Hamish Craib, after over 12 years with Ashurst (formerly Blake Dawson).  She specialises in professional indemnity and insurance disputes, as […]

Governor of NSW opens HBA Legal’s new Sydney office

May 31, 2019

Media Release:   Insurance law specialists HBA Legal has raised close to $5000 for a national community legal centre, after using its recent Sydney office opening event to stage a fundraiser. The Arts Law Centre of Australia (Arts Law) is a community legal centre based in Sydney providing education, advocacy and free or low-cost legal advice to […]

HBA Legal expands into Melbourne

May 14, 2019

Media Release:   HBA Legal has officially opened its doors in Melbourne this week, as the defendant-only insurance practice further expands its national footprint. Founded in 2011 with offices in Perth and Sydney and just 11 employees, today HBA Legal also operates out of Brisbane and Newcastle with around 70 staff around the country. Managing Director […]

HBA Legal named industry innovation leader

May 1, 2019

HBA Legal has been named one of the most forward-thinking and innovative legal firms in the country. The Australasian Lawyer Innovative Firms Report 2019 features HBA Legal alongside just 28 other law firms. Inclusion on the list is considered a sign of being at the forefront of change and innovation in the legal industry through […]