Australia: Insurance Laws and Products

The Supreme Court has delivered clarification and detailed reasoning regarding the practical application of section 36 of the Civil Liability Act 2003 (Qld) with respect to a claim for negligence against a Council performing works, which included placing a barricade across a footpath.

This matter involved a workplace accident in which the plaintiff sustained severe injuries when a tractor fell on him while he was performing repairs to a tractor on a sugar cane farm.

This case note is particularly relevant for builders, developers, homeowners and purchasers of residential property. The decision effects when insurance will respond to defective building work any may significantly impact your ability to recover rectification costs, especially if you are buying or selling a property some years after construction.

These changes introduce additional changes and clarifications to the already sweeping reforms introduced by the Workers Compensation Legislation Amendment Bill 2025.

An insurer under a claims-made policy may decline indemnity for claims arising from known but undisclosed facts or circumstances.

Eight key developments shaping the year ahead.

Detailed exploration of why & how policyholders should manage the duty of disclosure of pre-existing medical conditions before taking out insurance cover.

Claimant loses benefits >52 weeks if mostly at fault, with negligence judged by how far their driving fell below the required standard when the insured wasn't at fault.

Understanding how trauma insurance policies work & the common pitfalls can make a significant difference to your chances of a successful claim.