ArticleAAT settles the issue of legal professional privilege in Tribunal proceedingThe ongoing duty to disclose is inoperative in circumstances when legal professional privilege is claimed over documents.AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleConsent in hospital and firmly held religious beliefsThe sanctity of a child's life is paramount and more powerful than the need to respect the parents' religious beliefs.AustraliaFood, Drugs, Healthcare, Life SciencesHBA Legal
ArticleManagement strategies: lean law: revisitedArticle discusses Lean Six Sigma and stresses that law firms need to embrace innovation.AustraliaLaw Practice ManagementHBA Legal
ArticleWaste not, want not – the modern lawyer: a garbage collector?This second part of a three-part series looks at the management philosophy Lean Six Sigma and its operation in law firms.AustraliaLaw Practice ManagementHBA Legal
ArticleBack compensation claim fails for former pasta makerFlare-ups were not aggravations of the pre-existing degenerative condition, so the Tribunal found in favour of Comcare.AustraliaEmployment and HRHBA Legal
ArticleRight of parents to plan their reproductive futureParents have a right to plan a family and medical practitioners have a duty of care to protect that reproductive right.AustraliaFood, Drugs, Healthcare, Life SciencesHBA Legal
ArticleNSW Parliament votes down bill to decriminalise abortionWith abortion still considered a crime in NSW, many have labelled the current position as 'archaic' and 'out of touch'.AustraliaCriminal LawHBA Legal
ArticleClaimed conditions were not contributed to the requisite degree by employmentIt is not enough for a worker to have merely experienced pain during their employment for liability to be established.AustraliaEmployment and HRHBA Legal
ArticleDo your rehab – the Tribunal did not accept pain complaints from the workerThe Tribunal needed to consider if the worker had a reasonable excuse for failing to undertake a rehabilitation program.AustraliaEmployment and HRHBA Legal
ArticleLegislation Update – Increased responsibility for workers that suffer catastrophic injuriesSpecific criteria for different types of catastrophic injury are set in the SRC (Catastrophic Injury) Rules 2018 (Cth).AustraliaEmployment and HRHBA Legal
ArticleShort term gain for long term pain: reasonable physiotherapy treatmentWhether physiotherapy is considered reasonable medical treatment depends on the facts and circumstances of each case.AustraliaEmployment and HRHBA Legal
ArticleSignificant Contributing Factor no moreThe Tribunal considered that the worker no longer suffered from an injury significantly contributed to by employment.AustraliaEmployment and HRHBA Legal
ArticleSuccess and clarity for labour hire companies across Australia: casual workers are just that, casual.Following a recent landmark HC decision, employers now have clarity that casual workers are just that, casual. AustraliaEmployment and HRHBA Legal
ArticleTribunal: actions to address underperformance were reasonableHis psychological condition did not meet the definition of Injury as it was because of reasonable administrative action.AustraliaEmployment and HRHBA Legal
ArticleTribunal delivers harsh judgment on the use of the exclusionary provisions of the SRC ActThis decision demonstrates that the bar for employers seeking to rely on the exclusions in the SRC Act remains high.AustraliaEmployment and HRHBA Legal
ArticleTribunal flexes its jurisdictional muscle in medical treatment claimThe ‘claim' for workers compensation was made through a request for medical treatment, rather than by a new claim form.AustraliaEmployment and HRHBA Legal
ArticleYes to using summonsed documents for claims managementIn appropriate cases, the Tribunal will accept claims management as a proper purpose for the release of documents.AustraliaEmployment and HRHBA Legal
ArticleCentral Queensland Hospital and Health Service v Q [2016] QSC 89: Application to terminate child's pregnancyThe Supreme Court recently approved an application to authorise the termination of a 12 year old's nine week pregnancy.AustraliaFamily and MatrimonialHBA Legal
ArticleCan light work duties cause carpal tunnel syndrome?Case deals with sections 5A(1) and 5B(2) of the SRC Act and the difficulties associated with onus of proof. .AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleComplete dismissal of application, for continual failure to proceedThe Tribunal noted that the burden lay with the applicant to be ready to bring the matters forward in a timely manner.AustraliaLitigation, Mediation & ArbitrationHBA Legal