ArticleCan an email or an impromptu discussion be an informal counselling action?A counselling action can be seen as reasonable administrative action, even if it is undertaken on an informal basis. .AustraliaEmployment and HRHBA Legal
ArticleHow to stop paying workers compensation after 33 yearsCompensation was paid for 33 years, so Comcare had to prove that the symptoms were no longer related to that incident.AustraliaEmployment and HRHBA Legal
ArticleIt is all fun and games – but is it work related?Employee sues - did the injury occur during a shift of work or during an interval between 2 detached shifts of work? .AustraliaEmployment and HRHBA Legal
ArticleNBN and RAA in the AAT: Tribunal confirms Martin v Comcare significance thresholdThis interpretation of Martin v Comcare by the Tribunal goes further than terms that were expressed in the High Court.AustraliaEmployment and HRHBA Legal
ArticleNo diagnosis equals claim deniedTribunal was asked to decided whether injury was as a result of his employment.AustraliaEmployment and HRHBA Legal
ArticleTribunal confirms physiological change necessary for an Injury under Comcare schemeThe Tribunal considered whether an executive was entitled to further compensation in relation to a shoulder injury.AustraliaEmployment and HRHBA Legal
ArticleTribunal overturns Comcare liability for shoulder injury in Centrelink workerThe Tribunal found that the weight of the expert evidence did not support the worker's claimed mechanism of injury. AustraliaEmployment and HRHBA Legal
ArticleYou be the Judge: does the Worker or Tribunal decide on the type of permanent impairment to be assessed?The Tribunal needed to decide which claims were permanent impairments under the SRC Act, having regard to the evidence.AustraliaEmployment and HRHBA Legal
ArticleMandatory reporting – Cyber breachAgencies and businesses governed by the Privacy Act will be required to notify individuals of any serious data breach.AustraliaPrivacyHBA 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
ArticleConfused about COVID-19 lockdown laws?The latest movements restriction order directs that you must not, without reasonable excuse, leave your place of residence.AustraliaCoronavirus (COVID-19)HBA 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
ArticleExclusion is not the aim of the game when it comes to considering the reasonableness of aids or appliancesA transporter van for a wheelchair qualified as an 'aid or appliance', as prescribed by section 39(1)(e) of the SRC Act.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
ArticleNo knowledge, no liability for employer in sexual assault caseWe discuss Polichronis v Teys Australia Food Solutions Pty Ltd [2016] QDC 225.AustraliaEmployment and HRHBA Legal
ArticleScope of duty owed by employers and principalsThe scope is not to ensure safety at work in all cases, but to take reasonable care to avoid unnecessary risks of injury.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
ArticleHigh Court confirms: Insurers of insolvent companies can be joined to proceedingsThird party claimants may join insurers to proceedings against an insolvent company when indemnity has been declined.AustraliaInsuranceHBA Legal