Australia: Insurance

Picture two people with the same illness, same diagnosis, same inability to work. One claimant receives the full Total Permanent Disability (TPD) benefit they expected and the second receives noticeably less...

The High Court confirmed that an institutional defendant cannot escape exemplary damages simply because its agents honestly believed their conduct was lawful. Where institutional failures expose callous disregard for vulnerable people in their custody, exemplary damages remain available.

Australian CTP Scheme administrators are seeking stricter punishments for fraudulent and misleading conduct, with a recent NSW prosecution resulting in a 16-month prison sentence. The decision highlights a broader shift towards stronger enforcement and a clear deterrent for fraudulent claimants.

The chapter provides a practical overview of the legal, regulatory and market issues shaping insurance disputes in Australia.

This article explains the decision and reasoning in King Trader and then examine how it could be relevant to contractual interpretation in Australia.

Eight key developments shaping the year ahead.