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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.
Delving into the confusion of casual employment and incapacity payments
July 23, 2020
Shillingford v Comcare [2020] FCA 775. Key Points: Mr Shillingford appealed a Tribunal decision which affirmed that his incapacity entitlements under section 19 of the Safety, Rehabilitation and Compensation Act 1987 (Cth) (the SRC Act) were $0 The Federal Court dismissed Mr Shillingford’s appeal and ordered that he pay Comcare’s costs Background: Mr […]
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. […]