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  • Article

    If an employee is demoted during a period of accepted incapacity for work, does his NWE change accordingly?

    Because of the changes in his classification of employment, his NWE should be altered to correctly reflect the change.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Inconsistent evidence leads to release from implied undertaking

    The applicant withheld information, so the employer would have been unfairly prejudiced if the implied undertaking held.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Passive treatment a limited fix – but is it reasonable?

    The Tribunal was asked to consider whether chiropractic treatment was reasonable medical treatment for a low back injury.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Reasonableness of medical expenses – What to consider in Schedule 1 Clause 17

    The court considered the proper construction of the provision in the Workers Compensation and Injury Management Act (WA).
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Telstra win: Fed Court upholds slip & fall decision

    For slip & fall cases, it is important to consider whether the injury sustained has a required connection to employment.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    The importance of taking critical incidents seriously – Carer awarded $454K in damages for client assault

    Companies employing people caring for others at their residences must have systems for what to do after any incident.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Tribunal takes strict interpretation of reasonable administrative action

    Compensation was denied as the medical condition arose due to events within the reasonable administrative action defence.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Medical negligence: obtaining consent from non-English speaking patients

    We discuss George v Biggs [2015] NSWDC 11.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    HBA Legal
    HBA Legal
  • Article

    Medical practitioner struck off for providing misleading and dishonest expert evidence

    The case has caused some controversy.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    HBA Legal
    HBA Legal
  • Article

    Is the Insurance cost of an appliance part of Comcare costs? (2015)

    This case confirms that Comcare is not required to compensate for the operating costs or the insurance of an appliance.
    AustraliaInsurance
    HBA Legal
    HBA Legal
  • Article

    Blue OP Partner Pty Ltd v De Roma [2023] NSWCA 161

    Discusses recent personal injury case & the lessons learned from it.
    AustraliaLitigation, Mediation & Arbitration
    HBA Legal
    HBA Legal
  • Article

    Delay no impediment – Late expert evidence allowed at discretion of the Court

    The Court's obligation to ensure a fair trial allows it to exercise discretion to permit expert evidence to be tendered.
    AustraliaLitigation, Mediation & Arbitration
    HBA Legal
    HBA Legal
  • Article

    Specialist opinion cure for significant delay in extension application

    "A material fact of a decisive character" was not available to the applicant until she received Prof Bennett's report.
    AustraliaLitigation, Mediation & Arbitration
    HBA Legal
    HBA Legal
  • Article

    Delving into the confusion of casual employment and incapacity payments

    The casual worker's employment with the Department was intermittent in nature, and not independent contracts of service.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Inconsistent evidence not fatal to claim by applicant

    Summary & discussion about recent workers compensation case where inconsistent evidence was not fatal to the claim by the applicant.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Doctor disqualified for poor medical practice, not maintaining appropriate boundaries and sexualised behaviour

    This case provides a recent example of how authorities apply the unprofessional conduct provisions of the national law.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    HBA Legal
    HBA Legal
  • Article

    Vexatious compensation application dismissed by Canberra AAT

    Where a decision offers no benefit and is of no practical effect, proceedings may be considered vexatious and dismissed.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    AFP officer workers compensation appeal dismissed – Full Federal Court upholds reliance on SRC section 53

    Notice of an injury must be given to the relevant authority as soon as practicable after the employee is aware of it.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Tribunal finds a fall in the course of employment did not cause or aggravate a rotator cuff injury

    The Tribunal was asked to determine liability for a shoulder injury suffered when an officer fell over in a carpark.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Tribunal rejects application for stay order, to recover compensation payments

    A stay order for the Tribunal works to prevent the implementation of the decision to which the proceeding relates.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal

Showing 41–60 of 263 results

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