VCAT considers the definition of ‘domestic partners’

  • Published 29.10.2021

Key Takeaways

In this decision, the VCAT considered whether the applicant and her deceased brother could, at the time of his death, be considered ‘domestic partners’ under the State Superannuation Act 1988 (Vic) (SS Act) such that the applicant would qualify for a ‘partner pension’.

New breach reporting obligations: ASIC Guidance

  • Published 29.10.2021

Key Takeaways

In September 2021, ASIC published its new Regulatory Guide 78 – Breach Reporting by AFS Licensees and Credit Licensees (RG 78) on the new and revised breach reporting obligations introduced by the Financial Sector Reform (Hayne Royal Commission Response) Act 2020 (FSR Act).

AFCA finds insurer properly exercised its right to significantly increase premium rates

  • Published 29.10.2021

Key Takeaways 

ASIC identifies areas of focus in relation to TPD Insurance

  • Published 29.10.2021

Key Takeaways

On 2 August 2021, ASIC released report 696 ‘TPD insurance: Progress made but gaps remain’.  

The LICOP 2.0… the wait is almost over

  • Published 29.10.2021

Court finds trustee, and not insurer, liable for life insurance cover that had ceased under the PYS changes

  • Published 29.10.2021

Key Takeaways

There had always been concern that the harsher impacts of the Protect Your Super (PYS) legislation, which could lead to lost cover at times when an insured member needs the cover the most, may ultimately be borne out in more disputes.

Proposed enhancements to the Unfair Contract Terms Regime: What you need to know

  • Published 29.10.2021

Key Takeaways 

The exposure draft legislation relating to enhancements to the unfair contract terms (UCT) regime has been released and contains a number of significant amendments to the UCT legislation which will have important consequences for the operation of the UCT regime in life insurance.  

NSWCA re-examines hailstorm damage dispute, deductibles and interest

  • Published 21.10.2021

Allianz Australia Insurance Limited v Rawson Homes Pty Ltd (NSWCA 2021)

Key Takeaways 

The NSWCA recently ruled in favour of Allianz on an appeal on the application of multiple policy deductibles arising from hailstorm damage to 122 project homes in Kellyville and Rouse Hill NSW.

Ever wondered what contumacious means? QDC Judge comes down heavily on contumacious behaviour

  • Published 20.10.2021

Freeman v Montgomery (QDC 2021)

Key Takeaways

It is a not too uncommon frustration that arises where parties work hard to settle a dispute on the basis of agreed orders only for one party to completely ignore those orders.

Recently, the QDC (the Court) had cause to consider the power of the Court to punish a party for a flagrant contempt of orders made by consent.