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  • Article

    Mother left to die after home birth: the importance of regulation of private practicing midwives in home settings

    This death also stresses the importance of intending parents being fully informed of risks associated in home.birth.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    HBA Legal
    HBA Legal
  • Article

    How 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.
    AustraliaInsurance
    HBA Legal
    HBA Legal
  • Article

    Bulging disc not caused by Centrelink, AAT finds

    For a pre-existing medical condition to be compensable, there must be an incident which caused a change to that condition.
    AustraliaLitigation, Mediation & Arbitration
    HBA Legal
    HBA Legal
  • Article

    Architects (and their clients) should take care as to the terms on which sub consultants are retained

    Parties retaining professional service providers should ensure that reasonably foreseeable losses are not excluded.
    AustraliaReal Estate and Construction
    HBA Legal
    HBA Legal
  • Article

    Confidentiality and privacy concerns not a justifiable reason for non-compliance

    The Tribunal is vested with the function of decision-maker & is entitled to summons any information that it deems relevant.
    AustraliaLitigation, Mediation & Arbitration
    HBA Legal
    HBA Legal
  • Article

    NDIS – A short guide for insurers

    The article examines the NDIS legislation with a view to understanding what these changes mean for compensation payers.
    AustraliaInsurance
    HBA Legal
    HBA Legal
  • Article

    A crack in the plaintiff's case?

    Lessons learned from recent personal injury case involving a landlord and a tenant.
    AustraliaLitigation, Mediation & Arbitration
    HBA Legal
    HBA Legal
  • Article

    How to plead fraud - lesson from Sgro v Australia Associated Motor Insurers Ltd [2015] NSWCA 262

    This case emphasises the strict requirements for allegations of fraud to be clearly pleaded and properly particularised.
    AustraliaCriminal Law
    HBA Legal
    HBA Legal
  • Article

    Personal choice not a reasonable excuse to refuse a return to work at NAB

    The Tribunal needed to decide if the employee provided a reasonable excuse for her failure to undertake rehabilitation.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Cleaners who are not perfect are not necessarily negligent: Court of Appeal win for cleaning contractor represented by HBA Legal

    The duty of a contract cleaner is to exercise reasonable care, and reasonable care does not mean perfection is required.
    AustraliaLitigation, Mediation & Arbitration
    HBA Legal
    HBA Legal
  • Article

    Get your stairway examined - Plaintiff awarded $1.6M for "stumble, loss of balance and fall" upon a stairway

    An employer's duty is very high and can include engaging experts to inspect things such as stairways for latent defects.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Objections refused! Tribunal issues summons for mental health records

    Psychologists obligations to comply with summons for medical records trumps any privacy & duty of care obligations to patients.
    AustraliaLitigation, Mediation & Arbitration
    HBA Legal
    HBA Legal
  • Article

    Xue v Karimbla Properties (No.45) Pty Ltd (No 2) [2023] NSWSC 795

    2 lessons - Court holds a broad discretion as to costs & Walk Away offers are capable of engaging the Calderbank principles.
    AustraliaLitigation, Mediation & Arbitration
    HBA Legal
    HBA Legal
  • Article

    AAT confirms workers compensation payments cut off due to pre-existing mental health disorder

    The employment may contribute to the condition, but liability will only continue if the contribution is significant.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Dont fall for a smoko: compo for fast food worker injured while smoking before shift

    Whether an area of the premises is considered a "place of employment" depends on the worker's duties at that time.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    NAB call centre off the hook over psychological condition claim

    The Tribunal found that non-work stressors were primary causes of the onset or aggravation of his depressive disorder.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Quality proficiency assessment was reasonable administrative action

    The QOL proficiency assessment was reasonable administrative action, undertaken in a reasonable manner.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Tribunal declines to make cost order for abortive hearing

    The Comcare hearing was rendered abortive because of Mr O'Callaghan filing relevant evidence on the day of the hearing.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Tribunal finds headaches are not an injury

    In the absence of any physiological change, her chronic daily headache was not an injury for the purposes of the SRC Act.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Tribunal finds youth worker suffered lower back injury while setting up for karaoke event

    The Tribunal considered liability for a back injury sustained by a youth worker while carrying chairs at a school.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal

Showing 121–140 of 263 results

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