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 or it is declined. The distinguishing factor is not medical but comes down to when the claimants saw their doctor. A recent federal court decision has placed a stronger emphasis on policy terms and the date of disablement.
Buckland case: The recent decision the Federal Court handed down Australian Retirement Trust Pty Ltd v Buckland [2025] FCA 1563 on 12 December 2025 demonstrates the importance of date of disablement.
TPD policies contain the term Date of Disablement which is generally
