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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.
Reasonable Administrative Action – Unreasonable?
June 15, 2018
Green and Comcare [2018] AATA 1266 Key Points The Tribunal was required to consider whether a claim from a Safety Officer employed by the Department of Defence could be denied using the reasonable administrative action defence. The employer relied on two incidents that it alleged fell within the reasonable administrative action exclusion. The Tribunal found […]
New Partner: HBA Secures Industry Leader for NewLaw Growth
June 13, 2018
News Release: 13 June 2018 New Partner: HBA Secures Industry Leader for NewLaw Growth Industry leader and pre-eminent WA medical negligence and professional indemnity lawyer, Dr Andrew Lu OAM, is joining legal services entrepreneur HBA Legal to spearhead its Perth-based Medical Malpractice and Health Law service. Dr Lu joins the national insurance law firm […]
Australian Guide to the European Union General Data Protection Regulation (the GDPR)
May 31, 2018
What is the GDPR? The European Union General Data Protection Regulation (GDPR) contains new data protection requirements that have applied from 25 May 2018. It applies broad rights protecting individuals’ personal information across the EU Who does it apply to? The GDPR applies to businesses that are data processors and controllers with an establishment […]
Royal Commission into Institutional Responses to Child Sexual Abuse – RMIA discusses Child Safe Standards
May 17, 2018
By Rosan Santangelo, Partner, HBA Legal and President, NSW Chapter RMIA The Risk Management Institute of Australia (RMIA) and HBA Legal are uniting RMIA’s diverse membership’s wide range of skills and disciplines to explore needs of vulnerable people. RMIA will plan sessions on risk strategy and frameworks, in […]
Postie’s pain is not enough
May 11, 2018
Dekker and Australian Postal Corporation [2018] AATA 682 Key Points The Tribunal was required to consider whether an employer was liable to pay compensation for two separate injuries sustained by Mr Dekker while working as a postal delivery officer. The Tribunal found in favour of the employer because Mr Dekker could not prove that […]
Remedial massage a quick fix – but is it reasonable treatment?
May 11, 2018
Pethes and Comcare Key Points Liability for the applicant’s condition, a respiratory disorder, was accepted in 1989 Between 1989 and 2016, the applicant underwent frequent remedial massage to treat back pain caused by excessive coughing The Tribunal found that massage, which caused temporary relief of the applicant’s back pain, was no longer reasonably required as […]
Tribunal won’t be drawn into making conclusions on RAA without sufficient and direct evidence in support
May 9, 2018
Want and Comcare [2018] AATA 877 Key Points Whether a claimed psychological condition arose as a result of reasonable administrative action (RAA) and whether condition would not have arisen in absence of RAA. A lack of direct evidence on whether condition would not have arisen in absence of RAA prohibited the decision maker […]
Lean Law: Revisited
April 10, 2018
The Greek philosopher Plato once said that “out of necessity comes invention” and out of invention derives innovation. HBA Legal looks at the current legal landscape and the increasing demand for law firms to innovate in order to stay competitive. Change and innovation: what lawyers fear most The practice of law has remained relatively […]
Can light work duties cause carpal tunnel syndrome?
March 26, 2018
Cross and Comcare (Compensation) [2018] AATA 52 (22 January 2018) Key Points The Tribunal was required to consider whether there was any liability to pay compensation in respect of bilateral carpal tunnel syndrome caused by work at Centrelink. The Tribunal found in favour of the employer that there was no liability to pay such compensation, […]
Lack of corroboration leads to denial of psych claim
March 26, 2018
Squires and Comcare [2018] AATA 166 Key Points The Tribunal was asked to consider whether a claimed psychological condition was materially and/or significantly contributed to by employment. Significant pre-existing symptoms and a lack of reporting caused the Tribunal to find against Mr Squires. Background On 21 October 2002, Mr Squires commenced employment with Centrelink […]