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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.

Should Comcare foot the bill for Hydrotherapy Treatment in France?

July 15, 2020

SRFR and Comcare [2020] AATA 378.   Key Points: The Tribunal was asked to decide whether it was reasonable for an employee to obtain hydrotherapy treatment at the Avene Centre in Montpellier, France, to treat dermatological issues. The Tribunal found in favour of Comcare.   Background: SRFR suffered from long-term eczema and atopic dermatitis, as […]

A reminder for employers to tread carefully with employees suffering pre-existing psychological conditions

July 15, 2020

Bailey and Comcare (Compensation) [2020] AATA 1244 (8 May 2020).   Key points: The Tribunal was asked to decide whether Ms Bailey’s psychological condition was suffered as a result of reasonable administrative action, taken in a reasonable manner, in respect of her employment. The Tribunal found in favour of Ms Bailey.   Background: Ms Bailey […]

HBA signs Diversity & Equality Charter

July 15, 2020

HBA Legal is the newest signatory to the Law Council of Australia’s Diversity and Equality Charter. The Charter was developed in 2015 and is a statement of principles to acknowledge publicly a commitment to diversity and equality. Managing Director Brett Ablong said: “We take our responsibly as an employer very seriously and this is a […]

Telstra win: Fed Court upholds slip & fall decision

July 14, 2020

Dring v Telstra Corporation Limited [2020] FCA 699.   Key Points: The Federal Court was required to consider whether Ms Dring sustained an injury arising out of, or in the course of, her employment with Telstra. The Tribunal found that Ms Dring sustained the injury in an interval of her employment with Telstra and, therefore, […]

AAT confirms denial of liability for epicondylitis in call centre worker

July 13, 2020

Shirreff and Comcare [2020] AATA 1710 (11 June 2020).   Key Points: The Tribunal was asked to decide whether an employee developed epicondylitis as a result of repetitive duties at work. The Tribunal found in favour of Comcare.   Background: Ms Jenny Shirreff was employed by the Department of Human Services in Victoria, as a […]

Specialist Opinion Cure for Significant Delay in Extension Application

July 1, 2020

Masters v Daoud [2020] QDC 38.   Key Points: Rinaudo DCJ of the District Court of Queensland was required to consider whether, in an application for an extension of time pursuant to s 31 of the Limitations of Actions Act 1974 (Qld): specialist opinion constituted a “material fact of a decisive character”; and before that […]

Gender diversity maintained through HBA 2020 promotions

June 26, 2020

MEDIA RELEASE: Iona Sjahadi and Claire Tota will take up their positions at the HBA Legal partnership table from next month. The pair, who are being elevated from Senior Associate, will take over the practice areas of HBA Legal co-founders and Directors Nathan Hepple and Brett Ablong respectively, who will move into full-time business management […]

Working from home a permanent option in the interests of wellness

May 14, 2020

HBA Legal has become the first Australian firm to offer working from home arrangements to every employee, in a post COVID-19 world. The defendant-only insurance firm was one of the first to move to working from home arrangements for all its people after coronavirus was declared a pandemic. In recent weeks there has been a […]

Tribunal concludes that Telstra didn’t cause heart attack

April 17, 2020

Faltusz and Telstra Corporation Ltd [2019] AATA 5995.   Key Points: Mr Faltusz claimed workers’ compensation following a heart attack, suffered outside of his workplace, while he was waiting for a bus. The Tribunal found there was no link between Mr Faltusz’s employment and the claimed condition. The Tribunal found in favour of the employer. […]

What we can learn from NZ’s workers’ compensation scheme regarding hernia claims?

April 17, 2020

David MacDonald v Accident Compensation Corporation [2009] NZACC 153.   Background: In the United Kingdom in 1996, Smith G D, Crosby D L and Lewis P A conducted a study into 129 patients who had a total of 145 inguinal hernias. The study showed that in only 7% of cases the hernia was subjectively attributable to […]