ArticleMother left to die after home birth: the importance of regulation of private practicing midwives in home settingsThis death also stresses the importance of intending parents being fully informed of risks associated in home.birth.AustraliaFood, Drugs, Healthcare, Life SciencesHBA 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
ArticleArchitects (and their clients) should take care as to the terms on which sub consultants are retainedParties retaining professional service providers should ensure that reasonably foreseeable losses are not excluded.AustraliaReal Estate and ConstructionHBA Legal
ArticleConfidentiality and privacy concerns not a justifiable reason for non-complianceThe Tribunal is vested with the function of decision-maker & is entitled to summons any information that it deems relevant. AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleNDIS – A short guide for insurersThe article examines the NDIS legislation with a view to understanding what these changes mean for compensation payers.AustraliaInsuranceHBA Legal
ArticleA crack in the plaintiff's case?Lessons learned from recent personal injury case involving a landlord and a tenant.AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleHow to plead fraud - lesson from Sgro v Australia Associated Motor Insurers Ltd [2015] NSWCA 262This case emphasises the strict requirements for allegations of fraud to be clearly pleaded and properly particularised.AustraliaCriminal LawHBA Legal
ArticlePersonal choice not a reasonable excuse to refuse a return to work at NABThe Tribunal needed to decide if the employee provided a reasonable excuse for her failure to undertake rehabilitation.AustraliaEmployment and HRHBA Legal
ArticleCleaners who are not perfect are not necessarily negligent: Court of Appeal win for cleaning contractor represented by HBA LegalThe duty of a contract cleaner is to exercise reasonable care, and reasonable care does not mean perfection is required.AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleGet your stairway examined - Plaintiff awarded $1.6M for "stumble, loss of balance and fall" upon a stairwayAn employer's duty is very high and can include engaging experts to inspect things such as stairways for latent defects.AustraliaEmployment and HRHBA Legal
ArticleObjections refused! Tribunal issues summons for mental health recordsPsychologists obligations to comply with summons for medical records trumps any privacy & duty of care obligations to patients. AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleXue v Karimbla Properties (No.45) Pty Ltd (No 2) [2023] NSWSC 7952 lessons - Court holds a broad discretion as to costs & Walk Away offers are capable of engaging the Calderbank principles.AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleAAT confirms workers compensation payments cut off due to pre-existing mental health disorderThe employment may contribute to the condition, but liability will only continue if the contribution is significant.AustraliaEmployment and HRHBA Legal
ArticleDont fall for a smoko: compo for fast food worker injured while smoking before shiftWhether an area of the premises is considered a "place of employment" depends on the worker's duties at that time.AustraliaEmployment and HRHBA Legal
ArticleNAB call centre off the hook over psychological condition claimThe Tribunal found that non-work stressors were primary causes of the onset or aggravation of his depressive disorder.AustraliaEmployment and HRHBA Legal
ArticleQuality proficiency assessment was reasonable administrative actionThe QOL proficiency assessment was reasonable administrative action, undertaken in a reasonable manner.AustraliaEmployment and HRHBA Legal
ArticleTribunal declines to make cost order for abortive hearingThe Comcare hearing was rendered abortive because of Mr O'Callaghan filing relevant evidence on the day of the hearing.AustraliaEmployment and HRHBA Legal
ArticleTribunal finds headaches are not an injuryIn the absence of any physiological change, her chronic daily headache was not an injury for the purposes of the SRC Act.AustraliaEmployment and HRHBA Legal
ArticleTribunal finds youth worker suffered lower back injury while setting up for karaoke eventThe Tribunal considered liability for a back injury sustained by a youth worker while carrying chairs at a school.AustraliaEmployment and HRHBA Legal