Insights
Publications
Search Publications
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.
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 […]
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 […]
How Much Does It Cost To Replace A Navy Patrol Boat? 31.5 Million!
March 6, 2019
DMS Maritime Pty Limited v Royal & Sun Alliance Insurance Plc [2018] QSC 303. Key Point: When an insurer denies liability for a claim, or allows its insured to resolve a potentially insured loss against a third party, it loses control of the process. When this occurs, a Court will allow an insured significant […]
Dead driver owes police officer duty
February 12, 2019
Caffrey v AAI Limited [2019] QSC 7. Key Point: Negligent drivers who cause an accident owe a duty of care to police officers who attend the accident scene. Background: The plaintiff was a police officer who developed Post Traumatic Stress Disorder (PTSD) after attending the scene of a single vehicle motor vehicle accident. The […]
Don’t fall for a smoko: compo for fast food worker injured while smoking before shift
January 30, 2019
Mandep Sarkaria v Workers’ Compensation Regulator [2019] ICQ 001. Key Points: The entire premises of a workplace won’t necessarily be considered a worker’s “place of employment.” A “place of employment” can change depending on the work performed at that time. “Ordinary recess” includes the pre-start time a worker is at the place of employment. […]
Crikey – kangaroo chaos! Was the risk of colliding with a ‘roo obvious and should the Council have paid big bucks to erect a ‘roo proof airport fence?
January 22, 2019
Kempsey Shire Council v Five Star Medical Centre Pty Ltd [2018] NSWCA 308. Key Points & Implications: This case is an example of how public authorities can successfully rely upon Section 42 of the Civil Liability Act to avoid liability in circumstances where there are budgetary and resourcing constraints. The argument that a risk is […]