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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.

Recent changes to the Safety, Rehabilitation and Compensation Act 1988 (Cth)

March 29, 2019

In the last few weeks, there have been some amendments to the SRC Act discussed briefly below. If you would like a more in-depth explanation of any of the amendments, please get in touch.   Minimum interval between section 57 appointments The Safety, Rehabilitation and Compensation (Specification of Medical Examination Interval) Instrument 2019 (available here) […]

Diversity Honours for HBA Partner

March 29, 2019

Media Release:  HBA Partner Dr Andrew Lu OAM has been honoured with the first-ever Diversity Leader Award, presented by the Asian Australian Lawyers Association (AALA) (WA Branch). The Diversity Leader Award recognises a lawyer who has shown true commitment to the core aims of the AALA: promoting and advancing diversity and inclusion in the law […]

Australasian-wide recognition for HBA

March 25, 2019

HBA Legal and HBA Group have both been announced as finalists in the 2019 Australasian Law Awards. The Awards celebrate the outstanding achievements of Australia and New Zealand’s leading legal professionals, firms and in-house teams. The awards are said to define excellence in the legal profession over the past year. HBA Legal has been announced […]

When it comes to fiction vs reality, it’s perception that counts

March 18, 2019

Davies and John Holland Pty Ltd [2019] AATA 148.   Key Points: The Tribunal needed to determine whether a psychological condition had been significantly contributed to by employment. The Tribunal concluded that even though the psychological condition arose from misapprehensions, there was a sufficient connection to actual events in the workplace for the employee to […]

Staying inside the lines: Tribunal critical of the rigid Comcare Guide but still must abide by it

March 18, 2019

Dillon and Comcare [2019] AATA 214.   Key Points: The Tribunal needed to determine whether an assessment of whole person impairment (WPI) was correct. The constraints of the Comcare Guide in regard to the Assessment of the Degree of Permanent Impairment were criticised in circumstances where the impairment was more significant than the assessable WPI […]

Tribunal stands by Lock and Weston in jurisdiction dispute

March 15, 2019

Steele and Comcare [2019] AATA 181.   Key Points: The Tribunal decided, on the papers, whether it had jurisdiction to review a decision to cease paying workers’ compensation Deputy President Boyle distinguished the case from Lock and Comcare and found that it had jurisdiction   Background: Scott Steele submitted a claim for workers’ compensation in […]

It’s a tie – the worker gets surgery, but the employer wins right to stop paying workers’ compensation

March 7, 2019

Wragg and Cleanaway Operations Pty Ltd [2019] AATA 43.   Key Points:   The Tribunal was required to consider whether a rubbish truck driver, who broke his arm, continued to be entitled to incapacity payments in circumstances where he could earn his full pre-injury wages. The second issue for the Tribunal to consider was whether […]

HBA Partner appointed to State Administrative Tribunal

March 7, 2019

Media Release:  HBA Partner Dr Andrew Lu OAM has been appointed a sessional (part-time) member of the Western Australian State Administrative Tribunal (SAT). Appointments are made on the recommendation of the SAT President and approved by the Western Australian Premier, Attorney-General and Governor. SAT is an independent body that makes and reviews a broad range of […]

11 year delay no barrier to claim

March 7, 2019

Sarraf and Comcare (Compensation) [2018] AATA 3196.   Key Points: The applicant made a claim for workers’ compensation in 2016, in respect of an aggravation of an injury sustained in September 2005. The Tribunal found that the claim for workers’ compensation satisfied the requirements set out in section 53 of the SRC Act, despite the […]

Employer liable for Customer Service Officer’s recreational netball injury

March 7, 2019

Rye and Comcare [2018] AATA 4658.   Key Points: The applicant sustained an injury while participating in a netball game. The Tribunal was satisfied that her employer had actively encouraged her to participate in the netball game and, therefore this injury was compensable under the SRC Act.   Background: The applicant was employed by the […]