Brothels, bikies and disclosure: what is required of an insured?

A polarising question in Australian insurance law is what is required of an insured by the duty of disclosure in s 21 of the Insurance…

New insurance code of practice: plain language required

From 1 July 2017, life insurers that are members of the Financial Services Council must comply with the new Life Insurance Code of Practice. By…

No more passing the buck in blameless accidents

Workers compensation insurers are now entitled to be indemnified by a defendant driver who has been involved in a ‘blameless accident’. By BENJAMIN FERGUSON.

Costs: motor accident compensation claims

The Motor Accidents Compensation Amendment (Claims) Regulation 2016 came into operation on 1 November 2016, bringing significant changes to costs in the area. By JOHN…

Life tenants, remaindermen settled estates and insurance

Wills and settlements should clearly state insurance obligations. By WILLIAM V. WINDEYER.

Insurers’ liability to third parties: CGU Insurance Limited v Blakeley & Ors

At issue in CGU Insurance Limited v Blakeley & Ors was whether the liquidator of a company was entitled to join an insurer to proceedings for…

Further guidance on Section 6 of the Law Reform (Miscellaneous Provisions) Act

Section 6 of the Law Reform (Miscellaneous Provisions) Act 1946 has, throughout its troubled history, received a number of critical remarks from the judiciary. By LANA…

Motor accidents compensation: 3 things you need to know

On 1 April 2015, the Motor Accidents Compensation Regulation 2015 (the Regulation) came into effect. The key function of the Regulation is to regulate the…

Who is to blame in single vehicle accidents? Guidance on blameless accident provisions

Drivers in single vehicle accidents may bring a claim under the blameless accident provisions of the Motor Accidents Compensation Act 1999 (NSW). By KAREN BULLUSS.  

Two years of blameless pedestrian accidents

The decision of the NSW Court of Appeal in Axiak v Ingram [2012] NSWCA 311, effectively created a no fault scheme for pedestrians involved in motor vehicle…