NEWS

If you have been diagnosed with Chronic Regional Pain Syndrome (CRPS) arising out of a workplace injury, you may be entitled to lump sum compensation. CRPS is a chronic pain condition that most often affects one limb (arm, leg, hand, or foot) usually after an injury. CRPS is believed to be caused by damage to,Read more

In Robinson v State of NSW (2018) NSWCA, the Plaintiff attended a Sydney Police Station after learning that the Police wanted to contact him. On attending, the Police arrested him, without warrant due to an alleged breach of an Apprehended Violence Order. He agreed to participate in a record of interview, after which he wasRead more

Outsourcing is a major feature of today’s labour market and many companies and businesses hire independent contractors with the intention of avoiding a whole raft of employment obligations including annual leave, long service leave, sick leave and statutory payments such as workers compensation, superannuation and payroll tax. But just because an employer has outsourced itsRead more

The importance of obtaining prior Insurer approval for Medical Treatment  There are various restrictions on obtaining payment for the cost of medical treatment.  These are specified under Section 60 (2A) of the Workers Compensation Act.   The restrictions include the Employer/Insurer not being liable to pay treatment costs if the treatment or service is givenRead more

08 July 2014 Changes in the law expand the areas of possible sex discrimination. Now discrimination on the basis of sexual preference, gender identity or intersex status is outlawed. Previously, federal law only examined discrimination on the basis of “sexual preference” in the area of employment or occupation. The definition of gender identity has beenRead more

07 October 2014 Who owns assets purchased in a partner’s name has recently been considered Higashida v Sarto (2014) NSWSC 1291 in that case the Plaintiff, Mr Higashida and the Defendant Ms Sarto had been in relationship from about 2010 to the end of 2013.  The Plaintiff had separated from his wife but not yetRead more

06 November 2014 The case of Lind and SDSS (2014) AATA 680 demonstrates the difficulty an applicant faces when trying to establish the existence of ‘special circumstances’ to obtain relief from a preclusion period preventing access to social welfare benefits. While the policy direction of Part 3.14 of the Social Security Act 1991 (Cth) may be a sensible one, i.e. to prevent doubleRead more

16 February 2015 The Home Building Act includes a requirement that a Builder comply with Statutory Warranties.  The Statutory Warranty Scheme has been changed to now introduce the concept of “a Major defect” to replace the previous definition of “Structural defect”.  Major defects are covered by the six year Statutory Warranty with all other defectsRead more

26 June 2015 Ban on Breastfeeding Overturned on Appeal – Family Court A Newcastle Federal Circuit Court Judge’s decision to prevent a mother from breastfeeding her 11 month old child has been unanimously overturned on appeal to the Full Bench of the Family Court. The trial judge had placed an injunction on the mother preventingRead more

07 December 2015 Generally Insurers will undertake various investigations in relation to your compensation claim.  This will include obtaining medical records, engaging an investigation, who will ordinarily carry out surveillance filming, as well as monitoring your social media use.  This is predominantly looking at your Facebook posts and an example of monitoring can be foundRead more