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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.

Tribunal flexes its jurisdictional muscle in medical treatment claim

December 10, 2018

Kumatia and Comcare [2018] AATA 1505.   Key Points: Comcare argued that a claim for medical treatment, without a substantive claim for compensation, did not confer the Tribunal with jurisdiction to determine liability. The Tribunal determined that claims for medical treatment can form the basis of a claim for compensation where the decision-maker has considered […]

Christmas party season: if it isn’t official, it isn’t compensable

November 28, 2018

Mozsny and Comcare [2018] AATA 1966. Key Points: The question was: whether an injury suffered at an unofficial Christmas party (attended by work colleagues) happened during the course of employment. The injury occurred outside of the normal place of employment at an event that was not officially approved or endorsed by the employer. The Tribunal […]

Deeds vs Agreements for Settlement

November 27, 2018

Which one and why?   Key points: Both deeds and agreements are used to record the terms of a settlement and impose legally binding obligations on parties. In this article we explore some of the key differences between deeds and agreements. Key differences: Some of the key differences between deeds and agreements include: An agreement […]

To Protect (your income) and Serve

November 21, 2018

Buswell v TAL Life Ltd [2018] NSWSC 1507.   Key Points: Damages are capital and not “income” under an income protection policy. To reduce compensation benefits due to a payment of damages for loss of earning capacity, income protection policies need to be clearly worded to do so. Background: The plaintiff was a Senior Constable […]

Injured on a work trip: is the employer liable? AAT considers another hotel injury claim

November 16, 2018

Dring and Telstra Corporation Limited [2018] AATA 3149.   Key Points: While on a work trip, the applicant slipped over at her hotel after a night out drinking. The Tribunal found that the injury was sustained in an interval from her employment as the activities undertaken were not induced or encouraged by Telstra. Background: The […]

How to stop paying compensation after 33 years

November 15, 2018

Tocade and Comcare [2018] AATA 3863.   Key Points: Ms Tocade suffered an aggravation of pre-existing arthritis in the neck at a work function in 1984. Comcare paid compensation for some 33 years before ceasing payments. Background: Ms Tocade was an employee of the Department of Defence. On 6 January 1984, Ms Tocade was attending a […]

Legislation Update – Increased Responsibility for workers that suffer “catastrophic injuries”

November 5, 2018

Legislation Update: Safety, Rehabilitation and Compensation (Catastrophic Injury) Rules 2018.   Key Points: A “catastrophic injury” for the purposes of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (the SRC Act) is now defined in the Safety, Rehabilitation and Compensation (Catastrophic Injury) Rules 2018 (Cth) (the Rules).   Definition of “catastrophic Injury”: Section 4(1) of […]

Bug Bites at a Call Centre

November 5, 2018

Carlson and Telstra Corporation Limited [2018] AATA 3359.   Key Points: The Tribunal was required to consider whether a Telstra employee suffered an allergic condition as a result of insect bites sustained while working at a call centre in Queensland. The Tribunal found in favour of the employer.   Background: On 15 December 2016, Ms […]

Top honours for team HBA: Doyle’s Guide 2018

October 31, 2018

HBA’s Ruth Slater and Dr Andrew Lu OAM have been named two of WA’s best lawyers in the newly released Doyle’s Guide 2018. Lawyers, barristers and firms are awarded based on feedback from industry peers, clients and relevant industry bodies. HBA has been named among the top law firms in the following categories: Leading Workers’ […]

Delay no impediment – Plaintiff’s late expert evidence allowed

September 26, 2018

Brown v Daniels & Anor [2018] QSC 209.   Key Points: Admitting non-compliant Expert evidence is at the discretion of the Court. The Court has an overarching obligation to “ensure a trial is fair.”[1]   Background: The Plaintiff was riding his vintage Harley Davidson when he collided with the passenger side towards the rear of […]