Like the rest of our society, the current health emergency has had an unprecedented impact on the courts and tribunals which deal with life and superannuation disputes. Below is our summary of how each body is responding.

While each court/tribunal’s specific response has differed somewhat, they have all encouraged or required the following where possible:

Note from Editor

Contents

Impact of COVID-19 on Courts and Tribunals

Financial Services Royal Commission Fallout – Proposed changes to the disclosure requirements and remedies under the Insurance Contracts Act

Charles Usher v Lend Lease Project Management & Construction (Australia) Pty Limited [2020] NSWWCC 61

Summary

Marketform Managing Agency Ltd for and on behalf of the Underwriting Members of Syndicate 2468 for the 2009 Year of Account v Ashcroft Supa IGA Orange Pty Ltd [2020] NSWCA 26 (10 March 2020)

Summary

This case involved an injury to a labour-hire worker at the premises of a host employer.

New Guidelines for AMS examinations

The NSW Workers Compensation Commission released new Guidelines on 2 April 2020 addressing how Approved Medical Specialist (“AMS”) examinations will proceed in light of the public health risks associated with COVID-19.

The main points of note are:

The COVID-19 Legislation Amendment (Emergency Measures) Act 2020 came into force on 25 March 2020.

Insofar as workers compensation is concerned, the Act gives Regulation and Guideline making powers to permit treating allied health professionals to issue second and subsequent Certificates of Capacity. Previously, pursuant to Section 44B of the Workers Compensation Act 1987, only medical practitioners were able to issue such Certificates.

Legislative Developments

COVID-19 Legislation Amendment (Emergency Measures) Act 2020

WCC and SIRA updates

Recent Decisions

Workers Compensation Nominal Insurer v Hill [2020] NSWCA 54 (31 March 2020)

Summary

Jones v Braund (No 3) [2020] NSWDC 74

Below is a list of assistance packages available to businesses in NSW.