ArticleOngoing symptoms were due to old Army injury not compensable conditionCompensation for medical expenses & incapacity payments might not be payable if the compensable condition has resolved.AustraliaEmployment and HRHBA Legal
ArticleSelf-insured corporation liable to pay compensation for aggravation of previously accepted injuryThe processes of identifying the presence of an injury & determining aggravation of a previously accepted injury, are different exercises. AustraliaEmployment and HRHBA Legal
ArticleTribunal: chemical sensitivity not an injury but employees claim gets upTribunal looks at whether a medical condition meets the definition of an ailment for the purposes of s4 of the SRC Act.AustraliaEmployment and HRHBA Legal
ArticleYou do not have to be perfect when it comes to reasonable administrative actionThe Tribunal concluded that both the motivation behind the review and the conduct of the review were reasonable.AustraliaEmployment and HRHBA Legal
ArticleDo not forget about material evidence: Federal Court finds Tribunal must not disregard subjective statementsSubjective evidence provided after the fact must not be dismissed, if important to determine a critical fact in issue.AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleThe shooting of Harambe at Cincinnati Zoo: An Australian public liability perspectiveOrganisations should ensure that their facilities and premises are constructed so as to protect both people and animals.AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleRollings v Portrange Pty Ltd & Xstrata Nickel Australasia Operations Pty Ltd [2014] WADC 56 - indemnity clause in insurance policyThis case is an example of when an indemnity clause can be successfully enforced through the courts if properly worded.AustraliaInsuranceHBA Legal
ArticleSerious 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.AustraliaPrivacyHBA Legal
ArticleMedical practitioners and voluntary euthanasiaThese cases discuss the duty of medical practitioners in circumstances of voluntary euthanasia and other obligations.AustraliaFood, Drugs, Healthcare, Life SciencesHBA Legal
ArticleTribunal finds lower back injury not caused by prolonged sitting/standing at government department workplaceMedical evidence found that his back condition would have occurred at this stage of life irrespective of his employment. AustraliaEmployment and HRHBA Legal
ArticleDead driver owes police officer dutyNegligent drivers who cause an accident owe a duty of care to police officers who attend the accident scene.AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleFull Federal Court confirms compensation not payable where causal nexus between injury and employment no longer existsHer psychological condition could no longer be said to be contributed to, to a material, degree, by her employment.AustraliaEmployment and HRHBA Legal
ArticleRedefining the workplace, in the context of flexible working arrangementsShe 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 HRHBA Legal
ArticleBunnings not liable for injuries on raised playground surfaceThe court held that a reasonable person in the same position would not have done anything more than it had already done.AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleEmployee succeeds in compensation claim for netball injury during NAIDOC WeekThe Tribunal needed to consider if the injury arose out of, or in the course of, her employment with Services Australia.AustraliaEmployment and HRHBA Legal
ArticlePost-Traumatic Significant Contribution: Tribunal revisits psychological injuries caused by multiple eventsIf an applicant has multiple traumatic events, only one event needs to have significantly contributed to the condition.AustraliaEmployment and HRHBA Legal
ArticleTribunal declines liability for both husband and wife's compensation claims, due to reasonable administrative action exclusionThe Tribunal considered claims for compensation for psychological conditions arising from their employment.AustraliaEmployment and HRHBA Legal
ArticleObstetrician/gynaecologist drinks alcohol while on callThe appeal was ultimately dismissed, but the Tribunal was adamant that this was not seen as condoning his actions.AustraliaFood, Drugs, Healthcare, Life SciencesHBA Legal
ArticleSymptoms Of Anxiety And Stress Do Not Amount To A Psychological ConditionWork-related stress is not compensable unless it amounts to a condition which is outside the boundaries of normal mental functioning.AustraliaEmployment and HRHBA Legal
ArticleInsurance: what is an accident?What is an "accident" in property damage insurance policies is often not clear cut.AustraliaInsuranceHBA Legal