Insurance Law (PG)

This course will provide students with an introduction to Australian insurance law together with international insurance law perspectives. It will include an overview of the legislation that relates to insurance, particularly the Insurance Contracts Act 1984 (Cth), and the legislation that regulates the insurance industry, particularly Chapter 7 of the Corporations Act 2001 (Cth) and the Insurance Act 1973 (Cth), as well as an examination of the common law relating to insurance law. There will also be a consideration of the fundamental principles in insurance law such as the duty of utmost good faith, the duty of disclosure, double insurance, contribution, subrogation and reinsurance. This course is taught with an emphasis on the practical application of the principles of insurance law. Therefore, the fundamental principles will be considered in a highly practical context. In addition, there will be a consideration of various insurance policies, standard policy conditions and exclusions as well as indemnity issues. The course will also include an examination of insurance law in a dispute resolution framework in terms of the nature of insurance disputes, dispute resolution mechanisms and insurance litigation in Australia and internationally.