Australia: Insurance Laws and Products

A coronial inquest into the death of Simon Gaskill reveals critical failures in hospital discharge planning for homeless patients with complex health needs. The case examines how standard discharge procedures failed to account for the practical realities of homelessness, leaving a vulnerable patient without meaningful access to follow-up care.

A recent Personal Injury Commission decision examines when surveillance footage can be admitted in psychiatric injury claims, potentially lowering the threshold for insurers to introduce evidence that may not fully capture the complex, fluctuating nature of psychological impairment. The ruling raises important questions about how claimants should document their limitations and whether ordinary daily activities will increasingly be characterized as inconsistencies warranting surveillance admission.

The 2026 Federal Budget has introduced significant changes to how discretionary trusts, including testamentary discretionary trusts (TDTs), will be taxed. If passed, these changes have far-reaching implications for estate planning strategies that many families use to protect and pass on wealth.