Australia: Insurance Laws and Products

This edition of the K&L Gates Competition & Consumer Law Round-Up examines recent enforcement actions by the Australian Competition and Consumer Commission, including significant penalties against major retailers for misleading pricing practices. The newsletter also covers merger reviews, collective bargaining authorisations, and emerging regulatory developments affecting competition and consumer protection in Australia.

The Queensland Supreme Court has found that that a school did not breach the duty of care owed to an employee by failing to eject an aggrieved parent, by failing to activate a lockdown or by failing to forewarn the employee via telephone of the parent’s presence.

In this recent decision, the New South Wales District Court held that the Federation Council owed and breached a duty of care despite contracting operations to a third party, awarding damages of $165,000 to the plaintiff and enforcing indemnity obligations requiring Remlap to indemnify the Federation Council for the plaintiff’s claim.

The Victorian Court of Appeal has confirmed that loss and damage, not the underlying defect, must occur within the policy period for the purposes of the Domestic Building Insurance policy, and successors in title must prove their own loss in establishing a breach of the statutory warranties in the Domestic Building Contracts Act.

Demographic change is becoming a structural driver of life insurance M&A. Declining birth rates and rising life expectancy are reshaping pension systems globally and accelerating private sector involvement...

CTE is an emerging neurodegenerative condition linked to repeated head injuries that is creating growing and uncertain liability risks for insurers as medical understanding, litigation & regulatory scrutiny continue to evolve.

Tanwar proved the damaged underground pipes were covered, but recovered only repair costs because the insurer couldn't prove an exclusion & no evidence for lost rent.

Australian travellers are protected under various legal and regulatory frameworks designed to ensure fair treatment by insurers.

Article focuses on the importance of acting early, the key deadlines you need to be aware of & the steps you can take if your claim is denied.