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An allegation of false or misleading statement by the Claimant, in a material particular, as to the circumstances of the accident, will result in a mandatory exemption under s 92(1)(a) of the Motor Accidents Compensation Act 1999 and clause 8.11.6 of the MAA Claims Assessment Guidelines.

A discussion of Goddard Elliott (a firm) v Paul Fritsch [2012] VSC 87.

In spite of breaching an employer's duty of care, the Commissioner did not cause the subsequent psychological injuries.

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

On 10 November 2021, the Supreme Court issued an interesting decision in the matter of Chahrouk v Allianz Australia Insurance Limited [2021] NSWSC 1457 (10 November 2021).

2019 was a milestone year for the regulation of insurance, after the Banking Royal Commission and the Federal election.

The recent case of ASIC v Auto & General Insurance Company Limited [2024] FCA 272 raises an extremely important issue (and resolution) for all insurers in relation...

The resultant decision of the High Court seems to represent the conventional interpretation of these insurance clauses.

GOCs, statutory corporations and other special purpose vehicles set up by Government agencies should be reconsidering their Directors' and Officers' insurance now.

After months of speculation, the Australian Government has announced that it will establish a Royal Commission into the alleged misconduct of Australia's banks, superannuation...

This test case may resolve uncertainty and expedite the resolution of claims for small businesses and relevant insurers.

Finding in favour of insurers, the Full Federal Court substantially upheld the first instance decision in the COVID-19 BI Test Case.

The Court's decision highlights the necessity for insurers to "clearly inform" the insured of his or her obligations.

In response to the lack of available terrorism insurance after the terrorist attacks of 11 September 2001, the Australian Government enacted the Terrorism Insurance Act (2003) (the Act). The Act established a scheme for replacement terrorism insurance coverage for commercial property and associated business interruption and public liability claims. Sections 6 to 8 of the Act deems terrorism risk cover (and overrides terrorism exclusion clauses) into ‘‘eligible insurance contracts’’ to the extent

The floods affecting Queensland, Victoria and NSW have been described as unprecedented and their impact on the economy will indeed be extraordinary. Early estimates place the cost of direct damages to the Queensland economy alone in the vicinity of billions of dollars. Although perhaps not yet fully understood, consequential damages resulting from the floods have the potential to be equally severe. The series of floods that have affected and continue to affect Queensland, New South Wales and

An award for damages is not to fulfil ideal requirements for an injured person, but rather the reasonable requirements.

At the heart of this "fairness revolution" is an intense focus on putting the customer at the centre of all decisions.