Australia: Insurance Laws and Products

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Insurance law and insurance regulation thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as reinsurance, insurance law and insurance products.

ATE insurance as security for costs – NSW Supreme Court accepts anti-avoidance endorsement

A NSW Supreme Court decision confirms that a well-drafted ATE policy can provide adequate security for costs.

Australia Litigation

GC

Gilchrist Connell

Policy interpretation and section 54: federal court sets aside AFCA determination

Recent decision demonstrates that section 54 will not apply to an inherent restriction or limitation in the policy.

Australia Insurance

B

Barry Nilsson

When Insurance Brokers Play With Fire…and Pay For It (Disputes With Insurance Brokers)

Engaging an insurance broker helps remove the complexity and complications associated with taking out insurance.

Australia Insurance

BP

Bennett & Philp Lawyers

A Lesson In Loss: Insurer Not Liable For $3.4 Million In Clean-up Costs For Contaminated Soil

This decision provides useful guidance to underwriters as to how a pollution liability policy clause can be drafted to ensure that it operates as intended by the insurer.

Australia Insurance

B

Barry Nilsson

Third Party Property Damage: How Bad Can It Get?

Australia Insurance

JS

JB Solicitors

Federal Court goes back to basics on policy interpretation and section 54

Australia Insurance

K

Kennedys

What's 'loss' got to do with it?

Australia Insurance

B

Barry Nilsson

Beyond the surface: Lessons on policy definitions and exclusions

Australia Insurance

B

Barry Nilsson

Compensation For Delayed Approval Of Urgent Medical Care By Australian Travel Insurers

Australia Insurance

CO

Carroll & O'Dea

Making a death benefit claim on superannuation or life insurance: Your FAQs answered – part 2

Australia Insurance

CO

Carroll & O'Dea

Insuring the unintended: How ambiguous wording can shift the risk landscape

Australia Insurance

GC

Gilchrist Connell

New South Wales introduces bill to prohibit the ‘exploitative behaviours' of claim farmers in the CTP Scheme

Australia Insurance

B

Barry Nilsson

Navigating exclusion clauses in Australian travel insurance claims: understanding Section 47 of the Insurance Contracts Act

Australia Insurance

CO

Carroll & O'Dea

When Repair Costs Become Insurable Loss – Operation Of The Faulty Workmanship Exclusion

Australia Insurance

B

Barry Nilsson

AI is now a WHS issue in NSW. Are employers ready?

Australia Employment

CG

Clifford Gouldson Lawyers

Employment Relations Podcast #46 – Safety In The Workplace: Drug And Alcohol Testing And Policies

Australia Employment

PA

Piper Alderman

ESSENTIAL ESG SPECIAL EDITION - Responsible AI Governance: Emerging Legal Risks And Regulatory Trends

Australia Technology

CC

Corrs Chambers Westgarth

Insights Into Unique Court Decisions, With Pavlos Stavropoulos, Senior Disputes And Insolvency Solicitor At Addisons

Australia Insolvency

CP

Cathro & Partners

Crime Rates in Sydney: Suburbs with the Highest and Lowest Rates

Australia Criminal

OC

O'Brien Criminal & Civil Solicitors

Your duty of disclosure - Pre-existing medical conditions in travel insurance claims

Detailed exploration of why & how policyholders should manage the duty of disclosure of pre-existing medical conditions before taking out insurance cover.

Australia Insurance

CO

Carroll & O'Dea

How most At Fault disputes are assessed when the insured is not at fault

Claimant loses benefits >52 weeks if mostly at fault, with negligence judged by how far their driving fell below the required standard when the insured wasn't at fault.

Australia Litigation

M

McCabes

Making a trauma insurance claim after cancer: Avoid these common pitfalls

Understanding how trauma insurance policies work & the common pitfalls can make a significant difference to your chances of a successful claim.

Australia Insurance

CO

Carroll & O'Dea

Seeking Resolution: Remedies From The Australian Financial Complaints Authority In Travel Insurance Disputes

AFCA serves as an independent body that specialises in resolving financial disputes, including those related to travel insurance.

Australia Insurance

CO

Carroll & O'Dea

Navigating Claims Timeframes: Tips on Challenging a Disputed Travel Insurance Claim

Australia Insurance

CO

Carroll & O'Dea

The "pre-existing condition" dilemma in travel insurance claims

Australia Insurance

CO

Carroll & O'Dea

Vague Travel Insurance Policies – How To Navigate "Rubbery Terms"

Australia Insurance

CO

Carroll & O'Dea

Top Tips and Tricks for Making a Successful Travel Insurance Claim

Australia Insurance

CO

Carroll & O'Dea

2025 Construction Insurance Law - A Year In Review

Australia Insurance

K

Kennedys

Claimant's duty to co-operate with the insurer is mandatory

Australia Litigation

M

McCabes

How is relative culpability assessed when one party disobeys the road rules?

Australia Litigation

M

McCabes

Am I sufficiently covered by the travel insurance attached to my credit card?

Australia Insurance

CO

Carroll & O'Dea

Can a Side C claim change its spots? The Federal Court doesn't think so…

Australia Insurance

B

Barry Nilsson

FSR GPS: When Can An Account Statement Be Misleading Or Deceptive?

Australia Finance

KL

Herbert Smith Freehills Kramer LLP

How is relative culpability assessed when one party disobeys the road rules?

In recent case Insured was partially at fault because he should have anticipated that a road user might disobey the road rules & modify their driving accordingly.

Australia Litigation

M

McCabes

Am I sufficiently covered by the travel insurance attached to my credit card?

By educating themselves and exercising diligence, travellers can navigate the complexities of credit card travel insurance.

Australia Insurance

CO

Carroll & O'Dea

Can a Side C claim change its spots? The Federal Court doesn't think so…

A key take away is that a court's approach to interpreting policies of insurance as commercial contracts.

Australia Insurance

B

Barry Nilsson

FSR GPS: When Can An Account Statement Be Misleading Or Deceptive?

Many of our clients are grappling with the vexed issue of whether information contained in investment and insurance disclosures constitutes misleading or deceptive conduct...

Australia Finance

KL

Herbert Smith Freehills Kramer LLP

AI For Better Insurance

Australia Technology

KL

Herbert Smith Freehills Kramer LLP

Case Summary: Forrest V QBE Insurance (Australia) Limited [2025] NSWPIC 206 – Dog Walking Is An Attendant Care Service

The PIC held dog walking can qualify as "attendant care" under NSW motor accident law if injury prevents the claimant from doing it.

Australia Litigation

CO

Carroll & O'Dea

Limitation to the letter – clarifying the 10 year long-stop under the HBA

A 2012 defect notice preserved claim rights, but a builder's 2022 insolvency fell outside the 10-year HBA limit, voiding coverage.

Australia Real Estate

K

Kennedys

Most at fault? Can't get no (reasonable) satisfaction...

In recent case insurer failed to prove the claimant was mostly at fault in a lane merge crash, so statutory benefits continued.

Australia Litigation

M

McCabes

Res Ipsa Loquitor argument is no lay down misère

Recent case serves as reminder that relying on the concept of res ipsa loquitor is fraught with difficulty.

Australia Litigation

M

McCabes

Insurance fraud doesn't pay – AFCA determination exposes the facts

Australia Insurance

K

Kennedys

An uncertain future for "prior known circumstance" exclusions in Australia

Australia Insurance

GC

Gilchrist Connell

Problems with evidence and assessment of damages in W&I claim against insurance tower

Australia Insurance

GC

Gilchrist Connell

What to do if your TPD or income protection claim has been rejected

Australia Insurance

HP

Hall Payne Lawyers

ASIC Enforcement Action: Claims Handling

Australia Insurance

SG

Sophie Grace Pty Ltd

Can I Claim Compensation for Negligence Without a Lawyer?

Australia Litigation

RL

Roche Legal

Case summary: Lowe v Certain Underwriters at Lloyd's of London Subscribing to Policy Number ATCSI00100 [2024] FCA 858 – NRL player loses claim against insurer

Australia Insurance

CO

Carroll & O'Dea

Understanding the transition from Police Blue Ribbon Insurance to the Enhanced Police Support Scheme

Australia Insurance

CO

Carroll & O'Dea

Evic rides again - Driver in single vehicle accident not mostly at fault

Australia Insurance

M

McCabes

Insurance commission consent – conflicted remuneration escape hatch

Australia Insurance

HN

Holley Nethercote

NSW police insurance scheme ends lump sum payments for TPD

Australia Insurance

S

Stacks Law Firm

Internal review determination not binding on insurer

Australia Insurance

M

McCabes

Medical examinations and the suspension of weekly benefits

Australia Commercial

M

McCabes

Court finds after-the-event insurance policy not adequate security for costs

Australia Insurance

GC

Gilchrist Connell

DBPA insurance requirement deferred

Australia Real Estate

HR

Holding Redlich

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Latest Videos

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Q3 Global Marketplace Insights – Australasia (Video)

W

WTW

DOWNLOAD: Minor Injury Guide (CTP Insurance)

HW

Holman Webb Lawyers

Webinar recording: Insurance 2021 - A year in review (23 February 2022)

HW

Holman Webb Lawyers

Insurance Webinar Recording: Apportionment And Contribution In Insurance (Video)

HW

Holman Webb Lawyers

Legal Lockdown - Episode 9: Pivoting your business to navigate a crisis

HW

Holman Webb Lawyers

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