Intelligence

When seeking legal advice for complaints or referrals, it is important for health practitioners to understand the scope of their Professional Indemnity Insurance (PII). PII generally covers legal defence costs, assistance during investigations, and any damages or penalties that fall within the policy terms. However, most insurance policies contain clauses that prohibit practitioners from admitting liability without the consent of the insurer.

The Full Court of the Federal Court of Australia recently dismissed an appeal in Nuix Limited v Berkshire Hathaway Specialty Insurance Company [2026] FCAFC 87 and found that the larger of two retentions applied when considering aggregation of coverage under the insured’s policies.

A coronial inquest into the death of Simon Gaskill reveals critical failures in hospital discharge planning for homeless patients with complex health needs. The case examines how standard discharge procedures failed to account for the practical realities of homelessness, leaving a vulnerable patient without meaningful access to follow-up care.

For most reaching the end of a Total & Permeant Disability (TPD) Claim marks the finalisation of a long and stressful journey — finally, a sense of relief and financial certainty after months (or years) of uncertainty.

The Victorian Supreme Court has clarified the burden of proof in broker negligence claims, establishing that insureds must demonstrate a hypothetical insurance policy would have responded to their loss. This landmark decision examines the interplay between causation requirements, section 54 of the Insurance Contracts Act, alteration of use clauses, and broker renewal obligations in the context of a major warehouse fire claim.

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...