Note from the Editor

CONTENTS

FCA affirms AFCA’s broad jurisdiction to deal with superannuation complaints
MetLife Insurance Limited v Australian Financial Complaints Authority (FCA 2022)

AFCA Determination 800295

Key Takeaways

AFCA upholds a complaint against an Insurer who relied on an outdated medical definition to reject a trauma claim.

AFCA Superannuation Determination 793218 

Key Takeaways

This decision illustrates the approach taken by AFCA to a recent complaint involving allegations of misleading or deceptive conduct against an Insurer and Trustee in the context of group life insurance.

Key Takeaways

In December 2021, the FSC unveiled its enforceable Standard No. 27 (the Standard) which requires the removal of exclusions and restrictive disability definitions based on occupation in the design of default cover within group life policies in superannuation.

Key Takeaways

The FCA ordered Statewide Superannuation Pty Ltd (Statewide) to pay $4 million in penalties for providing misleading communications to members regarding their group life insurance cover, charging premiums for lapsed cover, and failing to report these breaches to ASIC within the statutory timeframe.

Key Takeaways

Key Takeaways

The HCA recently delivered its decision in Stubbings v Jams 2 Pty Ltd (HCA 2022)¹ which demonstrates the Court’s willingness to intervene and discharge liabilities (if necessary) in circumstances where to not do so, unconscionable conduct would go unrectified.

Legislative Developments

The State Insurance and Care Legislation Amendment Bill 2022 has passed the Second Reading stage.

Recent Decisions

Pathology important in determining material contribution to need for treatment
Usher v Coffs Harbour City Council (NSWPICPD 2022)

L & A Fazzini Pty Ltd v Amaca Pty Ltd (NSWCA 2021)

Link to Decision

Is a party entitled to recoup from a co-defendant money paid to a plaintiff, without itself proving that it had no liability to the plaintiff?

Key Takeaways

Monahan v Bellevarde Constructions Pty Ltd & Ors (NSWDC 2022)

Link to Decision

Key Takeaways

The NSWDC has confirmed that the employer’s duty of care to keep an employee safe from injury is not absolute, but rather to take reasonable care having regard to the particular circumstances.