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  • Article

    Ongoing symptoms were due to old Army injury not compensable condition

    Compensation for medical expenses & incapacity payments might not be payable if the compensable condition has resolved.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Self-insured corporation liable to pay compensation for aggravation of previously accepted injury

    The processes of identifying the presence of an injury & determining aggravation of a previously accepted injury, are different exercises.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Tribunal: chemical sensitivity not an injury but employees claim gets up

    Tribunal looks at whether a medical condition meets the definition of an ailment for the purposes of s4 of the SRC Act.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    You do not have to be perfect when it comes to reasonable administrative action

    The Tribunal concluded that both the motivation behind the review and the conduct of the review were reasonable.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Do not forget about material evidence: Federal Court finds Tribunal must not disregard subjective statements

    Subjective evidence provided after the fact must not be dismissed, if important to determine a critical fact in issue.
    AustraliaLitigation, Mediation & Arbitration
    HBA Legal
    HBA Legal
  • Article

    The shooting of Harambe at Cincinnati Zoo: An Australian public liability perspective

    Organisations should ensure that their facilities and premises are constructed so as to protect both people and animals.
    AustraliaLitigation, Mediation & Arbitration
    HBA Legal
    HBA Legal
  • Article

    Rollings v Portrange Pty Ltd & Xstrata Nickel Australasia Operations Pty Ltd [2014] WADC 56 - indemnity clause in insurance policy

    This case is an example of when an indemnity clause can be successfully enforced through the courts if properly worded.
    AustraliaInsurance
    HBA Legal
    HBA Legal
  • Article

    Serious invasions of privacy tort: where are we?

    Despite the demand for change in privacy laws, the creation of a serious invasions of privacy tort still seems unclear.
    AustraliaPrivacy
    HBA Legal
    HBA Legal
  • Article

    Medical practitioners and voluntary euthanasia

    These cases discuss the duty of medical practitioners in circumstances of voluntary euthanasia and other obligations.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    HBA Legal
    HBA Legal
  • Article

    Tribunal finds lower back injury not caused by prolonged sitting/standing at government department workplace

    Medical evidence found that his back condition would have occurred at this stage of life irrespective of his employment.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Dead driver owes police officer duty

    Negligent drivers who cause an accident owe a duty of care to police officers who attend the accident scene.
    AustraliaLitigation, Mediation & Arbitration
    HBA Legal
    HBA Legal
  • Article

    Full Federal Court confirms compensation not payable where causal nexus between injury and employment no longer exists

    Her psychological condition could no longer be said to be contributed to, to a material, degree, by her employment.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Redefining the workplace, in the context of flexible working arrangements

    She was going for a run in work hours, but the break did not take place in an ordinary recess, so the claim was denied.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Bunnings not liable for injuries on raised playground surface

    The court held that a reasonable person in the same position would not have done anything more than it had already done.
    AustraliaLitigation, Mediation & Arbitration
    HBA Legal
    HBA Legal
  • Article

    Employee succeeds in compensation claim for netball injury during NAIDOC Week

    The Tribunal needed to consider if the injury arose out of, or in the course of, her employment with Services Australia.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Post-Traumatic Significant Contribution: Tribunal revisits psychological injuries caused by multiple events

    If an applicant has multiple traumatic events, only one event needs to have significantly contributed to the condition.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Tribunal declines liability for both husband and wife's compensation claims, due to reasonable administrative action exclusion

    The Tribunal considered claims for compensation for psychological conditions arising from their employment.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Obstetrician/gynaecologist drinks alcohol while on call

    The appeal was ultimately dismissed, but the Tribunal was adamant that this was not seen as condoning his actions.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    HBA Legal
    HBA Legal
  • Article

    Symptoms Of Anxiety And Stress Do Not Amount To A Psychological Condition

    Work-related stress is not compensable unless it amounts to a condition which is outside the boundaries of normal mental functioning.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Insurance: what is an accident?

    What is an "accident" in property damage insurance policies is often not clear cut.
    AustraliaInsurance
    HBA Legal
    HBA Legal

Showing 221–240 of 263 results

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