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Liability limited by a Scheme approved under the Professional Standards Legislation.

September 4, 2019

Background

The 2015 amendments to the Workers Compensation Act 1987 (‘the Act’), whilst arguably not as sweeping or broad as those taking place in 2012, brought with them some substantial changes relating particularly to what would now be known as ‘workers with highest...

August 12, 2019

Ward v Allianz Australia Services Pty Ltd [2019] NSWDC 293

The recent judgment in the matter of Ward v Allianz Australia Services Pty Ltd [2019] NSWDC 293 highlights a new trend and potential vulnerability for employers in the sphere of work injury damages, and confirms...

July 24, 2019

Yildiz v Fullview Plastics Pty Ltd [2019] NSWWCCPD 24

This decision pertains to whether a non-exempt worker is entitled to receive lump sum compensation under the released s67 of the Workers Compensation Act 1987 (WCA).

Workers who received lump sum compensation pursuant...

July 9, 2019

There is some good news for NSW Firefighters who have been diagnosed with cancer with the introduction of the Workers Compensation Legislation Amendment (Firefighters) Act 2018 which was assented to and made law on 28 November 2018 (Part 19A of the Workers Compensation...

June 17, 2019

By the very nature of claims for industrial deafness, it is quite often the case that the injury was sustained some time prior to the date of notice being given to an employer.

The first issue for consideration when determining whether a worker is able to seek payment o...

June 5, 2019

Chalkias v State of New South Wales [2018] NSWSC 1561

As set out in section 321 of the Workplace Injury Management and Workers Compensation Act 1998 (‘the WIMA), the primary mechanism in terms of the resolution of a medical dispute is to refer the particular claimant fo...

May 29, 2019

RSM Building Services Pty Ltd v Hochbaum [2019] NSWWCCPD 15

Background

In the recent decision of RSM Building Services Pty Ltd v Hochbaum [2019] NSWWCCPD 15 (18 April 2019) President Judge Phillips confirmed that there is no entitlement to ‘back pay’ if the s39 threshold...

May 21, 2019

Gaylene Ann Reakes v State of NSW & Ors (2019) NSWWCC 134

On 10 April 2019, Arbitrator Paul Sweeney found that Ian Mark Reakes (the deceased) died as a result of psychiatric injury, namely post-traumatic stress disorder (PTSD), arising out of and in the course of his em...

May 20, 2019

This information is intended to assist understanding of the way legal costs work and, in particular, the difference between "party/party" costs and "solicitor/client" costs.

Key Terms

"solicitor/client costs"

Total legal costs charged to a client for legal services provid...

May 20, 2019

Govier v The Uniting Church in Australia Property Trust (Q) [2018] HCA Trans 65 (13 April 2018)

In 2018, the High Court considered the extent to which an employer assumes responsibility for the inquiry or the conduct of any investigation in relation to its employees und...

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