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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.
“But I don’t want to go” – a subjective belief of unlawfulness cannot amount to a reasonable excuse
March 17, 2022
Hanel and Comcare [2022] AATA 261. Key Points: A subjective belief alone, as to the unlawfulness of a Notice to undergo a medical examination, cannot amount to a reasonable excuse for the purpose of section 57(2) of the SRC Act. A determination made under section 57 of the SRC Act is not included within […]
Ongoing symptoms were due to old Army injury not compensable condition
March 17, 2022
Di Carlo and Linfox Australia (Operations) Pty Ltd [2021] AATA 5086. Key Points: The Tribunal was asked to consider ongoing liability to pay compensation to a Linfox Australia employee in respect of a left elbow condition. The Tribunal accepted that the employee had suffered a previous left arm injury while serving in the Army […]
Former AFP officer not entitled to compensation for psychological condition sustained in 1987
March 17, 2022
Ascic v Comcare [2021] FCA 1498. Key Points: The Federal Court was required to consider whether the Tribunal erred in finding that an Australian Federal Police Officer was not entitled to compensation for permanent impairment for a psychological condition. The Federal Court applied Kostas v HIA Insurance Services Pty Ltd t/as Home Owners Warranty […]
Employment & IR launch for Crawford’s Australian law firm
February 2, 2022
Media Release 1 February 2022 MELBOURNE: HBA Legal, part of Crawford & Company®, the world’s largest publicly listed independent provider of claims management and outsourcing solutions, has again expanded its offering with the launch of an employment law and industrial relations practice. The national firm has welcomed two Partners, Michelle Dawson […]
Tribunal dismisses claims due to “abuse of process”
December 14, 2021
NXPQ and Comcare [2021] AATA 4094. Key Points: The Tribunal was asked to dismiss two applications on the basis that they were made on substantially the same facts as a claim which had already previously been decided by the Tribunal. The Tribunal found in favour of Comcare and dismissed both applications on the basis […]
To summons, or not to summons, that is the question
December 14, 2021
Martinovic and Australian Capital Territory [2021] AATA 3435. Key Points: An employee of the ACT objected to a summons issued to obtain her medical records on the basis that the records contained information which, if disclosed, would remove her right to privacy on matters which she believed had no relevance to the proceedings. The […]
Tribunal finds lower back injury not caused by prolonged sitting/standing at government department
November 30, 2021
Salehi and Comcare [2021] AATA 3294. Key Points: The Tribunal was asked to determine liability for a lower back injury claimed to have been sustained due to prolonged sitting and standing in the workplace. The Tribunal accepted that the employee suffered from a lower back condition but found no evidence that the condition was […]
Tribunal: actions to address underperformance were reasonable
November 29, 2021
YYHQ and Comcare [2021] AATA 3809. Key Points: The Tribunal was asked to consider liability for a psychological condition, claimed to have been caused by bullying and harassment at the Department of Home Affairs. The Tribunal found that the psychological condition did not meet the definition of Injury as it was suffered as a […]
Weight loss surgery not related to psychological condition
November 29, 2021
Fittock and Comcare [2021] AATA 3628. Key Points: The Tribunal was asked to consider liability for weight loss surgery obtained by a customer service officer working at Services Australia. The employee claimed that the surgery was necessary to treat her accepted psychological condition. The Tribunal applied Howes v Comcare [2016] FCA 1521 and found […]
AFP Officer’s appeal dismissed – Full Federal Court upholds reliance on section 53
November 29, 2021
Leach v Comcare [2021] FCAFC 134. Key Points: The Full Federal Court was asked to decide whether the Federal Court and the Tribunal had erred in finding that Mr Leach had failed to provide notice of his injury as soon as practicable after he became aware of it. The Full Court dismissed the appeal. […]