ARTICLE · 21 MAY 2017

Release from implied undertaking? There might be no need!

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We discuss Chin v Comcare [2017] AATA 634 (10 May 2017).

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Chin v Comcare [2017] AATA 634 (10 May 2017)

Key Points

The Tribunal was required to consider whether Comcare could use reports obtained in the course of proceedings for claims management purposes, despite them being caught by the implied undertaking.
The Tribunal found that, while the implied undertaking applied to the documents, Comcare's proposed use of the documents did not constitute a collateral or ulterior purpose and therefore no release was required.

Background

Ms Chin had an accepted claim for compensation for injuries she sustained when she slipped at work on 27 January 1995. The substantive matter before the Tribunal concerned Ms Chin's entitlement to compensation for household services.

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