ArticleFailure to convince the Tribunal sees second bite at the cherry pippedThe Tribunal determined that Mr Moore failed to provide sufficiently compelling reasons for the case to be re-litigated.AustraliaEmployment and HRHBA Legal
ArticleBut I do not want to go – a subjective belief of unlawfulness of a notice to undergo a medical examination cannot amount to a reasonable excuseA subjective belief of unlawfulness cannot amount to a reasonable excuse for purposes of s57(2) SRC Act.AustraliaEmployment and HRHBA Legal
ArticleSBS, as employer, not liable for stress claim by employee hairdresserChanges in the workplace, with due consultation and communication, were considered reasonable administrative action.AustraliaEmployment and HRHBA Legal
ArticleTyping duties did not aggravate carpal tunnel syndromeThe Tribunal considered whether an employee's pre-existing carpal tunnel syndrome was aggravated by her typing duties.AustraliaEmployment and HRHBA Legal
ArticleCostly slip up: Employer liable for day to day activities whilst travelling for employmentThe employer had induced or encouraged the employee to shower before attending work, so was liable to pay compensation.AustraliaEmployment and HRHBA Legal
ArticleComcare not liable to pay compensation for medical expenses where injury is not in connection with employmentThe Tribunal was required to consider if Comcare had a present liability to pay compensation for medical expenses.AustraliaEmployment and HRHBA Legal
ArticleFormer AFP officer not entitled to compensation for psychological condition sustained in 1987An employee is disentitled to compensation if it arose prior to the start of the SRC Act & was not available under a predecessor Act.AustraliaEmployment and HRHBA Legal
ArticleFall once, shame on me; Fall twice, claim on you - workers compensationIf the evidence before the Tribunal is not sufficient to enable it to upset the status quo, the status quo will remain.AustraliaEmployment and HRHBA Legal
ArticlePeer accepted practice: consideration of the term ‘widely accepted practice' for medical treatmentProviding the best supporting evidence is necessary to prove that a treatment practice was 'widely accepted practice'.AustraliaFood, Drugs, Healthcare, Life SciencesHBA Legal
ArticleSpecial Medical Procedures – when is treatment authorisation required? A look at the test through the lens of gender dysphoriaThe High Court held that authorisation is required in cases where the medical procedure is not clinically necessary.AustraliaFood, Drugs, Healthcare, Life SciencesHBA Legal
ArticleSame Safe-T-Step but one supermarket employer did not owe a duty of care.Coles owed a duty to properly train the worker, although similar previous cases did not require the supermarket to do so.AustraliaEmployment and HRHBA Legal
ArticleNational Disability Insurance Scheme of Queensland – Implications for workers' compensation insurersThe National Disability Insurance Scheme (NDIS) commenced on 1 July 2016.AustraliaEmployment and HRHBA Legal
ArticleStress Is Not A Psychological Injury'Stress' is insufficient for the purposes of establishing 'injury' pursuant to s5A of the SRC Act.AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleFull or partial remittal? That is the question.Article considers full or partial remittal in psychological injury case.AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleNot my employee! Consideration of an employers liability exclusion clauseAfter careful consideration, the Court of Appeal decided that the exclusion clause in the insurance policy did not apply.AustraliaEmployment and HRHBA Legal
ArticleCyber Attack – should you pay the ransom?Paying a ransom for a cyber-attack is a consideration specific to each business, but it is not recommended by the ACSC.AustraliaTechnologyHBA Legal
ArticleA review of the Coroner's Inquest into the deaths of patients of the Alma Street Centre (Ref No: 15/15)There was a breakdown of communication between the Mental Health Service and the families and carers of the patients.AustraliaFood, Drugs, Healthcare, Life SciencesHBA Legal
ArticleCalling all witnesses! – The importance of calling key witnessesDiscussion about recent Court of Appeal case concerning contributory negligence and assessment of damages.AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleRoyal Commission into institutional responses to child sexual abuse – RMIA discusses child safety standardsArticle discusses standards & recommendations made by the Royal Commission into institutional responses to child sexual abuse.AustraliaCriminal LawHBA Legal
ArticleAustralian Products – LabellingAn Information Standard has been created which sets out the new country of origin labelling for food sold in Australia.AustraliaMedia, Telecoms, IT, EntertainmentHBA Legal