ArticleComplete dismissal of application, for continual failure to proceedThe Tribunal noted that the burden lay with the applicant to be ready to bring the matters forward in a timely manner.AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleFull Federal Court makes finding on late night out for Telstra workerThe Court found that the nexus between the employment and the injury had been broken and found in favour of Telstra.AustraliaEmployment and HRHBA Legal
ArticleTribunal finds that armoured vehicle driver is no longer entitled to compensation for arm injuryThe Tribunal considered if he was entitled to ongoing compensation for incapacity to work and medical treatment expenses.AustraliaEmployment and HRHBA Legal
ArticleThe importance of good communicationThere is no prejudice in extending a limitation period to join a defendant when the person is already a cross-defendant. AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleInnovation, innovation everywhere, so lets all have a drink This is the first of a three-part series which looks at recent demands for law firms to innovate to stay competitive.AustraliaLaw Practice ManagementHBA Legal
ArticleCompensation: Pain is not enoughTo be entitled to compensation, a worker must prove that work is not just the scene of the pain, it must be a cause of it.AustraliaEmployment and HRHBA Legal
ArticleEuthanasia drugs characterised as palliative care rather than end-of-life treatmentThe Tribunal was satisfied that the holistic approach adopted by Dr Syme was focused on supporting the patient in life.AustraliaFood, Drugs, Healthcare, Life SciencesHBA Legal
ArticleAssessing hearing loss – when is a claim no longer compensable?Article looks at difficulties an applicant may face when bringing a claim for hearing loss after they have ceased employment.AustraliaEmployment and HRHBA Legal
ArticleAssessing psychological conditions – when does the effect of employment stop?This case highlights difficulties to determine if her employment continues to contribute to her psychological condition.AustraliaEmployment and HRHBA Legal
ArticleAssumptions of fact deemed insufficient to invoke willful and false misrepresentation exclusionEvidence must establish that the misrepresentation was wilfully false and made without any belief that it was true.AustraliaEmployment and HRHBA Legal
ArticleFed Court decides that Tribunal reasons fall shortThe judge accepted that adequate reasons were not provided so the matter was remitted to the Tribunal for reconsideration.AustraliaEmployment and HRHBA Legal
ArticleFederal Court decided that the reasons offered by the Tribunal for workers compensation fell shortIt was appropriate that some reasoning is given when the competing evidence goes to the core of the decision reached.AustraliaEmployment and HRHBA Legal
ArticleInconsistent evidence leads Tribunal to uphold denial of liabilityThe Tribunal found credibility issues with the plaintiff's evidence, and found in favour of the employer.AustraliaEmployment and HRHBA Legal
ArticleRecent changes to the Safety, Rehabilitation and Compensation Act 1988 (Cth)This article briefly discusses some of the recent amendments to the SRC Act 1988, including Instruments and Declarations.AustraliaEmployment and HRHBA Legal
ArticleTo summons, or not to summons, that is the questionA summons to obtain documents must have some apparent or adjectival relevance to the issues in the principal proceeding.AustraliaEmployment and HRHBA Legal
ArticleTribunal considers the application of May in a workers compensation claim by a Parliament House employeeThe Tribunal did not accept that bullying experienced by the officer had significantly contributed to the aggravation.AustraliaEmployment and HRHBA Legal
ArticleWeight loss surgery not related to psychological conditionThe Tribunal found there was insufficient evidence to relate the surgery to her accepted psychological condition.AustraliaEmployment and HRHBA Legal
ArticleWhen it comes to fiction vs reality, employee perception countsThere was a sufficient connection to actual events in the workplace, for the employee to be entitled to compensation.AustraliaEmployment and HRHBA Legal
ArticleHow much does it cost to replace a navy patrol boat? $31.5 million!The Court had no difficulty in finding that the settlement was reasonable and so the insurer was liable to reimburse it.AustraliaInsuranceHBA Legal
ArticleBulging disc not caused by Centrelink, AAT findsFor a pre-existing medical condition to be compensable, there must be an incident which caused a change to that condition. AustraliaLitigation, Mediation & ArbitrationHBA Legal