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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.
Compensation and Compromise: Deciding Costs in Ziade and Australian Postal Corporation
April 10, 2025
Ziade and Australian Postal Corporation [2024] AATA 3162. Key Points: The Tribunal was required to determine whether Australia Post was liable to pay Mr Ziade’s reasonable party/party costs and disbursements following a Calderbank offer. The Tribunal found that Mr Ziade was to bear his own costs from the date the Calderbank offer was made. […]
Comcare seeks order for employer to pay costs for leave application
April 10, 2025
Rindeklev v Comcare (No 2) [2024] FCA 930. Key Points: The Tribunal was required to consider whether to exercise its discretion to award costs to Comcare. Costs will generally be awarded to the successful party where there are no special circumstances. Background: Ms Rindeklev was employed by Comcare. She made a complaint to […]
Understanding the Limits of Judicial Review in Workers’ Compensation Claims
April 10, 2025
Rindeklev v Comcare [2024] FCA 1023. Key Points: Ms Rindeklev made two claims for workers’ compensation in respect of workplace mental health injuries. Comcare denied liability for both claims. In October 2022, Ms Rindeklev sought review of the decisions but later withdrew her applications. In April 2023, Ms Rindeklev sought to re-litigate the previous withdrawn cases. The Tribunal […]
Continued Reasonable Medical treatment
April 10, 2025
Rope and Comcare [2023] AATA 3005. Key Points: Ms Eleanor Rope sought compensation for three claims: reimbursement for a philosophy textbook, approval of attendance at the University of the Third Age (U3A), and approval for further psychological treatment. Comcare initially rejected all three claims, leading to the appeal before the Administrative Appeals Tribunal (the […]
When Welfare Checks Lead to Claims: Lessons for the Workplace
April 10, 2025
Woodroofe and Comcare (Compensation) [2024] AATA 3611. Key Points: The applicant made claims for psychological injury as a result of what the applicant claimed to be a series of workplace “bullying” events. Liability to the claims was declined on the basis that the condition arose out of reasonable administrative action, and the Tribunal affirmed […]
Exaggeration or Injury? A Case of Credibility and Medical Gaps
April 10, 2025
Quirk and Comcare (Compensation) [2024] AATA 3621. Key Points: The applicant filed multiple claims for injuries related to her right arm, with Comcare denying present liability for the first injury, and liability for the second and third injuries as well as a permanent impairment claim. The Tribunal found that the second and third injuries were […]
Statement of principles for referrals to the Guidance and Appeals Panel based on errors of fact or law
April 10, 2025
[GAP-AAA] and [GAP-AAB]; Child Support Registrar 2024/BC027893. Key Points: The Tribunal refused the applicant’s application for an oral hearing of the applicant for referral to the Guidance and Appeals Panel of the Tribunal’s decision made on 25 October 2024. The Tribunal refused the applicant’s application to refer the Tribunal’s decision made on 25 October 2024 […]
Affirming the threshold of reasonable administrative action
December 10, 2024
NJCX (Compensation) [2024] AATA 6640 Key Points: The Tribunal was asked to review the claim for a psychological injury sustained during a employment probation period. The Tribunal reviewed the claim under the Safety Rehabilitation and Compensation Act 1988 (SRC Act) and the key questions were: Whether NJCX’s (the applicant) employment significantly contributed to her psychological condition, […]
Mitigating the Abuse of Process within the Tribunal – Dismissing an Application when the matter has been previously dealt with to finality
December 10, 2024
Kothe and Telstra Corporation Limited (Compensation) [2024] AATA 2412 (9 July 2024) Key Points: The Tribunal was asked to review a decision dated 22 December 2023 which declined liability to pay compensation in respect of “Depression and Post Traumatic stress disorder” sustained on 28 January 2005. The respondent argued that a decision had already […]
The “reasonable administrative action” defence can encompass a broad range of actions of the employer
December 10, 2024
Moradi v Comcare [2024] FCA 812 Key Points: The applicant claimed compensation for psychological injury as a result of her deployment being terminated early. Her claim was declined for reason of reasonable administrative action and this decision was affirmed by the Tribunal. The applicant appealed to the Federal Court. The Federal Court was tasked […]