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Aspects of Insurance that Everyone Should Know

Aspects of Insurance that Everyone Should Know

An insurance policy is a legally binding contract between an insurance company and an insurance consumer, which places a number of strict obligations on both parties. HOW IS THE INSURANCE INDUSTRY REGULATED? General insurance industry is governed by a number of...
Are you alright?

Are you alright?

(Be aware that your answer might void your insurance) INSURERS’ UNDERWRITING OF PEOPLE WITH MENTAL HEALTH ISSUES Mental Health, Discrimination and Insurance: A Survey of Consumer Experiences 2011 outlines the results of a survey which revealed great difficulties faced...
Replacing a Trustee and Removing an Appointor

Replacing a Trustee and Removing an Appointor

Palmer v Palmer [2018] QSC 217 In Palmer, a principal beneficiary under the trust applied to the court to replace his brother and join his son (who was in USA at that time) as a co-trustee of a trust and secondly, to have the appointor under the will’s testamentary...
A Tape Recorded Will Alteration?

A Tape Recorded Will Alteration?

Re: Estate of Carrigan (deceased) [2018] QSC 206 Shortly before passing away the testator made a change to his will by declaring on an audio tape recording that each of his two children should receive 50% of his $6 million life insurance policies instead of his wife,...
Household Workers’ Insurance

Household Workers’ Insurance

Am I liable for injury of someone, whom I employ to work on my property? Yes, you are. That is why we strongly advise you and every Queensland home owner to get a Household Worker’s insurance. Queenslanders who hired casual cleaners, babysitters, nannies, gardeners,...
Child or Adult on Day Before Birthday?

Child or Adult on Day Before Birthday?

PM v Childrens Court of the Australian Capital Territory & Ors [2018] ACTSC 258 OVERVIEW The law distinguishes between children and adults. That said, it is interesting to compare reasons for decision in a criminal case with a civil case, say in wills and estate...
Power of Attorney Risk Management

Power of Attorney Risk Management

INTRODUCTION The Power of Attorney is a legal status authorising an agent to make decisions on behalf of the principal in regard to matters relating to the principal’s welfare and/or administration of his/her finances. According to section 66 of the Powers of Attorney...
Multiple Causes – One Excluded

Multiple Causes – One Excluded

Wiesac Pty Ltd v Insurance Australia Group Ltd (2018) 34(2) ILB 32 COMMENT This decision is an illustration of the way the court will construe a common ‘flood exclusion’ and its elements and, specifically, how using words capable of wider interpretation can help...