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AILA News August 07.indd



INSURANCE LAW                           Incorporating NZILA News

                                                                          AUGUST 2007

Tort reform “has gone too far”
Justice David Ipp, head of the Ipp     premiums”, as it was more difficult              far. Too great a reduction in risk
panel that reported to the Federal     for insurers to reliably predict the             results in reduced demand for
Government in 2002 on the need         extent of liability. Justice Ipp said            insurance”.
for tort reform, says the pendulum     insurers and lawyers needed to
                                       unite to approach state and federal              Insurers could cope with any
has swung too far.
                                       governments to achieve “a greater                risks capable of reasonable
“The law is not treating all                                                            assessment, all that was required
                                       degree of harmonisation”.
citizens equally,” he told the                                                          was for insurers to calculate and
AILA Queensland insurance              Inconsistencies between the                      charge premiums appropriate to
law intensive at Noosa. He said        laws were “the bane of the law                   the risk. While lawyers claimed
Australia needed “a fair, reasonably   of negligence” and have been                     altruism as their reason for
harmonious set of laws of              fuelled by the political influences              seeking tort reform roll back,
negligence”. Reforms implemented       of different groups, for example,                they had difficulty persuading
since 2002 went “substantially         insurers, lawyers and victims’                   the media and the public because
further” than his panel had            groups. Justice Ipp said while it                maintaining and increasing
recommended.                           was to insurers’ advantage for the               litigation was “in their financial
                                       potential liability of insureds and              interest”.
For example, the NSW Civil
                                       damages awards to be reduced,
Liabilities Act (CLA) gave greater                                                      Continued page 5.
                                       “this should not be taken too
protection to public authorities
than was recommended and was
“substantially inconsistent with the   SAVOUR CHRISTCHURCH’S PLEASURES
notion that govt authorities should
be treated before the law in the
same way as an ordinary citizen”.
He said protection for volunteers
for negligent acts and protection
from personal liability for good
Samaritans went beyond the
panel’s recommendations. Justice
Ipp said the current debate
was directed against unfairness
created by different negligence-
related laws, like the CLA, the
NSW Workers’ Compensation Act
(for common law claims) and the
NSW Motor Accidents Compensation
Act. Thresholds varied, as did
the definition of permanent
Three victims with like injuries
could receive “vastly different
damages awards”, depending
whether the injury occurred
at work, in a car accident, or
in some other way. State laws
differed in damages awards and         Punting on the Avon River at Christchurch is one of the pleasures of the city that awaits
                                       delegates to the joint AILA-NZILA conference in September. The registration brochure is
that “probably results in higher
                                       available at or For more information, see page 4.

                                                                                                            AILA-NZILA NEWS • PAGE 1
                              News from the branches

                                      Schwab, CEO of the Fremantle            AILA members are welcome to
           Tasmania                   Dockers. Mr Schwab, who                 attend the Insurance Council of
                                      has completed an intensive              Australia’s Canberra conference at
           By Brian Aherne            management course at Harvard            Old Parliament House, on August
                                      University, spoke on leadership         15. The topic is Adaptive responses
The first seminar for 2007 was
                                      and decision making in a volatile,      to climate change. For details, go
an outstanding success with
                                      high-profile environment. He            to
an attendance of 70 people.
Ian Ritchard, registrar of the        spoke openly and frankly about
Supreme Court of Tasmania,            his life experiences working for          New South Wales
spoke on mediation and settlement     football clubs and about the many
conferences.                          challenges faced by the Fremantle               by Penny Paterson
National president Steve Knight       Dockers since he has been CEO.
                                                                              The Twilight Seminar series is now
addressed attendees on national       The July seminar considered three       over for another year.
issues.                               different but related insurance
                                      topics. Libby Swift, from Aon           As usual, a very successful series
Organisation for the July seminar                                             thanks to the quality of the
is well under way. The guest          Risk Services, spoke on what an
                                      insured can and cannot do while         speakers and presenters and all
speaker is Philip Rowell, a partner
                                      acting as a prudent uninsured.          the members who attended. Thank
in Monahan + Rowell, who will
                                      Barrister Michael Hawkins spoke         you to Minter Ellison for providing
speak on asbestos claims and
                                      on aggregation clauses and what         a wonderful venue and drinks and
asbestos-related diseases.
                                      happens in cases where there is         nibbles after the seminar.
The committee is actively engaged
in pursuing new members and           under-insurance. Garry Nutt,            The next seminar is the Geoff
contact is ongoing with law firms     a partner at Jarman McKenna,            Masel Memorial Lecture,
and insurers.                         spoke on the duty of good faith         presented by Prof Greg Reinhardt
                                      and what conduct by insurers or         on August 22 and hosted at DLA
                                      their advisers could potentially        Phillips Fox. Go to the website,
  Western Australia                   lead to an insurer being de-  , for more
                                      registered.                             information.
           by Craig Hollett
                                      The remaining seminars for 2007         The branch is in the planning
By the time members read this
                                      are:                                    stage for seminars looking at
article, the WA branch will have
held its flagship event for 2007      August 15 - Vicarious liability.        statutory schemes and reinsurance.
- a dinner-dance at the Royal         Speaker is Chris Rimmer, Jarman         Details will be available soon.
Freshwater Bay Yacht Club.            McKenna.
                                                                              To purchase papers presented at
The theme this year was               September 12 - Workers’                 the seminars or if you have ideas
Bollywood and guests were             compensation appeals to the             for topics you would like to see
encouraged to dress as their          commissioner and questions of law.      presented, please contact me
favourite Bollywood stars. The        Speaker is Judge Philip McCann.         (see p12).
event promised to be a star-          October 17 - Geoff Masel
studded night and guests,
including AILA national president
                                      Memorial Lecture. Speaker is Prof
                                      Greg Rinehart.
Steve Knight, enjoyed a superb        November 21 - AGM and The                       By Peter Chapman
meal and live entertainment by        year that was. Speaker yet to be
the band Ruby Tuesday. During                                                 Activities in Victoria continue
                                      finalised.                              during winter with a return to
the evening there were raffles and
a silent auction to raise much-                                               “normal” weather.
needed funds for the Princess           Australian Capital                    The state has cold fronts coming
Margaret Hospital for Children              Territory                         in from the west and the east coast
Foundation. The social committee,                                             lows dropping flooding rain.
Sue Taylor, John Charouhas, Mark              By Doug Galbraith
Birbeck and Craig Hollett, put a                                              The proposed subject of KPMG’s
                                      The ACT branch hosts the                Andries Terblanché on the
lot of work into making the night     Geoff Masel Memorial Lecture
a success.                                                                    financial health of the Australian
                                      on Wednesday, August 29, at             and world insurance markets was
The WA Branch presented               lunchtime at the Teatro Vivaldi         changed and members and guests
a seminar on June 13 with a           restaurant, Canberra. The speaker       were treated to a dissertation on
difference. The title was Finding     is Prof Greg Rinehardt; the topic
                                                                              global risk management.
something - risk management           is Can courts ignore the reality of
and high performance sport,           insurance in litigation? Invites will   Dr Terblanché covered the
with guest speaker Cameron            be emailed soon.                        possibilities from global epidemics

     News from the State Branches continued                                   AILA launches
                                                                              new website
to local conflict and placed them      underwriter’s perspective”.            AILA has launched a new website.
in a matrix to demonstrate likely      Qld hosts the annual Geoff Masel
impacts not only for business but                                             David McKenna, chairman of a
                                       Memorial Lecture on August 23,
personally. It was a well-prepared,                                           board subcommittee responsible
                                       with guest speaker Prof Greg
thought-provoking presentation.
                                       Reinhardt.                             for the website, said: “The board is
Friday, July 20, was the annual                                               cognisant of the enormous amount
                                       In September, Anthony Collins, of
joint AILA-ANZIIF General                                                     of information now gleaned from
                                       counsel, will conduct a workshop
Insurance Law half-day workshop.                                              the internet for work, social,
Chair Raff Pisano (Minter Ellison)     considering policy wording
presented speakers Fred Hawke          issues that commonly arise for         sporting or education purposes
(Clayton Utz) on the Insurance         consideration. It will include         and wants to ensure members
Contracts Act; Robert Minc (Phillips   appropriate advices and responses      and browsers continue to have a
Fox) on liability law and Mark         in dealing with insurer clients and    superior web service that informs,
Attard (Monahan + Rowell) on           other insurers.                        educates and assists them.”
other developments.
With the speakers covering such            South Australia                    One objective was that
                                                                     was always
a range of topics and case law,
they were expected to take what                 by John Homburg               available and running at peak
sometimes seem esoteric matters                                               performance, he said.
                                       On May 16, John White addressed
and emphasise their relevance to
daily claims. RACV Bourke St was       members and guests at a breakfast      The new home page has a large
the venue.                             briefing.                              rotating panel that markets
                                       Mr White is a barrister at Mitchell    national events (for example,
The mid-August presentation is a
panel style interactive presenting     Chambers. In his presentation,         conferences, the Geoff Masel
a practical problem and analysing      “Recreation and risks - accidents      memorial lectures, and AIDA
the approach taken from the            while having fun”, he reviewed
                                                                              events) major state events and
workplace through the insurer and      developments in the law on
                                                                              items of interest.
legal analysis.                        tortuous liability for personal
                                       injury arising from recreational       The website was last updated
The year continues with the            and other activities. His
Geoff Masel Memorial Lecture on                                               in 2001 and technology has
                                       presentation was well received by
Wednesday, September 12, and                                                  accelerated rapidly since then.
                                       a near-capacity audience.
further events are scheduled for                                              The subcommittee is committed
November and December.                 SA’s next professional development     to ensuring members have access
                                       session is a much-anticipated, half-
                                                                              to a market standard web service,
       Queensland                      day seminar, titled “The changing
                                                                              irrespective of the information
                                       workplace - employers’ liabilities,
        by Rebecca Stevens             duties & risks symposium”.             they require.
The Queensland branch has had          It is on August 1 at 2pm at            National president Steve Knight
a busy first half of 2007 and is       the Lyrics Room, Adelaide              said: “This latest model reinforces
very pleased to have had such          Festival Centre, followed by           the board’s belief that all services
positive feedback from the annual      refreshments from 5pm. The             for members, event details,
insurance law intensive at the         organising committee has worked
Noosa Sheraton on May 17-18.                                                  national conference and speakers’
                                       extraordinarily hard to assemble a
                                       cast of eminent speakers to address    papers be constantly displayed
Delegates came from all over the
                                       employer issues in the current and     and maintained live on the web
country and were impressed with
the quality of speakers and the        ever-changing work environment.        to ensure members or browsers
program content. The intensive                                                receive instant access to insurance
                                       The symposium will look at
has provided a good platform for       questions including: To what           law educational information.
the committee to start planning        extent is an employer liable for the
the national conference in 2008.                                              “The board is aware of the
                                       conduct of an employee? What is
                                                                              cost efficiencies of electronic
Following the intensive, the           the current state of non-delegable
                                       and statutory duties? What will        event management and
committee was very pleased to
have had an opportunity to invite      the workplace of the future look       recommends event advices
Peter Nash, from Sportscover, to       like and what is the insurance         are sent electronically. If you
share his experiences in starting a    industry’s response to likely risks?   are not receiving event advice
Lloyd’s syndicate (see page 11).       Registration forms will be             electronically, please click on the
Peter O’Leary, senior underwriter,     forwarded to members soon.             Contact AILA button and advise
casualty, from Liberty                 For non-AILA members, please           your secretariat of your email
International Underwriters, will       contact the secretariat on             details.”
present over lunch on August 1 on for
“Impact of tort law reform from an     further details and to register.

                                                                                              AILA-NZILA NEWS • PAGE 3
NZILA President’s message

                                        New Zealand has few idiosyncratic         damages and nervous shock
  NZILA Contacts                        pieces of legislation but one that is     damages, such as those claimed in
  President                             unique in common law jurisdictions        Queenstown Lakes District Council
  Christine Meechan (Auckland)          is the Injury Prevention Rehabilitation   v Palmer [1999] 1 NZLR 549,       & Compensation Act 2001, which is         remain, but the prudent tourist
  Vice President                        the foundation of New                             should ensure he or she
  Roger Scholes (Auckland)              Zealand’s accident                                is well covered for all             compensation regime.                              eventualities.
  Frank Rose (Auckland)
                                        New Zealand effectively                           Delegates at the joint                    did away with personal                            AILA-NZILA conference in
                                        injury litigation                                 Christchurch on September
  Darryl Cowan (Auckland)               and implemented a                                 19-21 will not be called on          state-funded system                               to engage in any death-
  Committee members:                    of compensation in                                defying activities during
                                        1972. Although the                                the course of the program.
  Nigel Allott (Christchurch)
                                        original scheme has                               Those planning to enjoy
                                        been significantly                                the challenges that lie
  Melanie Biss (Wellington)                                       Christine Meechan
                                        modified, the central                             beyond Christchurch, such
                                        plank of the legislation                          as Queenstown’s bungy
  Neil Campbell (Auckland)
                                        remains. That is, the bar it creates to  jumping, mountain biking and
                                        claimes for compensatory damages         river rafting, would be well advised
 Paul Michalik (Wellington)
                                        for personal injury by an accident       to check their travel and income
                                        suffered in New Zealand. It applies      protection cover.
 Mark Dennett (Auckland)                to New Zealand residents and                                                    I look forward to seeing delegates
                                        overseas visitors.
 Craig Langstone (Auckland)                                                      from both sides of the Tasman in           Put simply, in New Zealand you
                                                                                 Christchurch in September.
 Richard Johnstone (Christchurch)       cannot sue for compensation   for personal injury by accident.         Christine Meechan
                                        Limited claims for exemplary             NZILA President

The AILA-NZILA joint conference         The program continues with                and Professor Duncan Webb,
organising committee has                presentations from Colin Croly,           University of Canterbury.
assembled an impressive array of        Barlow Lyde & Gilbert, London,            After morning tea, there are
speakers for The Ties that Bind.        Prof Greg Reinhardt, Monash               concurrent sessions on insurance
The conference is in Christchurch       University, Auckland QC Michael           law issues for Australia and
on September 19-21. Registration        Ring, and Prof Robert Merkin,             New Zealand.
brochures have been mailed to           University of Southampton.
                                                                                  Michael Gill, from DLA Phillips
members or can be downloaded at         There are practical workshops in          Fox, will provide the conference                        the afternoon, covering expert            summary.
The Christchurch Convention             evidence, fire investigations and
                                        the AIDA reinsurance working              Then it’s time for delegates to
Centre is the venue for a welcome                                                 head to Christchurch’s restaurant
reception on Wednesday,                 party.
                                                                                  strip along the Avon River for “the
September 19. The conference            The afternoon is rounded off with         long lunch”.
begins the next morning, with           a session on computer forensics
opening remarks from NZILA              and presentations on driver               The 2007 AILA-NZILA conference
president Christine Meechan and         impairment through alcohol and            is an event not to be missed. To
AILA president Steve Knight.            other substances.                         register, go to or
The keynote addresses start with        The conference dinner that
Justice Bruce Robertson, NZ Court       evening is under the aircraft wings
of Appeal. He’ll talk about the         at the Wigram Air Force Museum.
connections between the NZ and          Climate change is the theme for
Australian insurance law industries     Friday morning, September 21,
and the impact on reform in NZ.         with presentations from IAG chief
Munich Re’s Heinrich Eder will          risk officer Tony Coleman, Finity
follow, speaking on emerging risks.     Consulting’s Colin Brigstock,

AILA President’s message                                                          Damages awards
                                                                                  differ vastly
At the AILA Queensland Insurance        2006. That event, too, saw many           From page 1.
Law Intensive at Noosa, I appealed      homeowners suffer through a lack
                                                                                  Justice Ipp said the medical
to members to tell me what they         of insurance cover.
                                                                                  profession had been a “powerful,
think of AILA - good or bad.            The Federal Government has                influential body” in the 2002
I’d like to get feedback on the         released its proposed Bill to             debate on tort reform but,
member services we provide,             regulate direct offshore foreign          because its position had been
including events, the website and       insurers (DOFIs).                         “ameliorated”, it was not active in
AILA-NZILA News. If                                  Assistant treasurer          the current debate.
you have comments                                    Peter Dutton has
or suggestions, please                                                            Justice Ipp was critical of the use
                                                     said the reforms
email me at stephen.                                                              of approved medical specialists
                                                     are designed to                                                                  (AMSs) to assess the threshold of
                                                     address the risk to
au.                                                                               permanent impairment under
                                                     Australian businesses
                                                                                  the NSW Workplace Injury
I also took the                                      and consumers from
                                                                                  Management and Workers’
opportunity to thank                                 unauthorised DOFIs
                                                                                  Compensation Act 1998.
the many volunteers                                  that are unscrupulous
in the branches                                      or fail. He has said         Under the NSW CLA, courts
who contribute                                       “tailored prudential         determined damages thresholds
to AILA being                                        standards” will be           “in the traditional and normal way”.
such a marvellous                                    implemented so
                                                                                  An AMS assessment was critical to
association. AILA                                    categories of DOFIs
                                                                                  the success of a plaintiff ’s common
is the largest                                       that pose a lower risk
                                                                                  law claim, but an AMS had no
chapter in AIDA,                                     would face a reduced
                                                                                  security of tenure. “A disinterested
the international                                    regulatory burden.
                         Steve Knight
                                                                                  observer may think this power of
insurance law                                       The government is             continuing appointment is capable
association, with more                              now going through a           of influencing the decisions of
than 1,500 members.                     consultation period to determine          [the AMSs] who wish to have their
However, there are many more            how to frame the regulations that         contracts renewed.” That allowed
people participating in the field       would dovetail with the Bill and          a perception of bias “even if the
who are not members. I encourage        spell out what exemptions would be        adjudicator is a person of the
all members to try and introduce        available.                                highest integrity”.
new members, particularly younger       Access to foreign insurers that are       Justice Ipp said the AMSs could
ones. AILA offers great friendships     well capitalised and well regulated       practise privately as medico-legal
and collegiality with fellow            is an important element of the            advisers and therefore receive
members.                                Australian insurance market, so it        income from solicitors or a party
Since the last issue of AILA-NZILA      is vital that the final result does not   to a threshold dispute. “Who
News, it has been a busy time in the    reduce competition and capacity in        would feel secure knowing that the
insurance industry. The massive         the market by reducing access to          person deciding their case is being
storms that hit northern NSW            legitimate DOFIs.                         paid for doing other work for the
have seen an influx of claims that      The WA District Court is set to test      opposition?”
the Insurance Council is now            the validity of indemnities sought by
estimating will cost the industry       insurers against claims on builders’      reinsurance contracts without
about $350 million. My sympathies       warranty policies. On June 19,            APRA approval. While disputing
are with those who lost family and      WA District Court Judge Philip            the argument, Vero said even if the
friends and whose properties were       Eaton ruled that an argument that         indemnities were reinsurance, lack
damaged.                                indemnities were an illegal form of       of APRA approval in itself did not
The NSW storms were followed            reinsurance should be tested at trial.    make them unenforceable. Judge
closely by floods in Victoria. Both     Judge Eaton was hearing an appeal         Eaton said there was “a triable issue
events have highlighted the major       by a Perth couple against an earlier      as to the illegality and enforceability
problem of under or noninsurance.       judgement upholding an indemnity          of the general deeds of indemnity”
It is vital that all homeowners         claim made against them by Vero           required by builders’ warranty
appreciate the need for insurance       Insurance Ltd, after their building       insurers. It will be an interesting
cover so they are not left destitute    company collapsed. Judge Eaton            argument and I look forward to
when tragedies like this occur.         said the central issue was whether        reading the outcome. (WADC, Vero
                                        the indemnities were reinsurance.         Insurance Ltd v Harden-Jones & Anor,
These events are shaping up to
                                        The couple had argued they were           98/2007)
be more costly to the insurance
industry than Cyclone Larry, which      and that Vero was breaching the           Steve Knight
hit far north Queensland in March       Insurance Act by entering into            AILA President

                                                                                                 AILA-NZILA NEWS • PAGE 5
Future forecast                         AILA Qld Insurance Law
frightening                             Warning on ‘tweaking’ at general
Delegates to the AILA Qld               Governments must “be careful           insurance was a disincentive.
insurance law intensive could be        with tweaking legislation relating     General insurance was taxed
forgiven for going home very            to general insurance”, because         higher than gambling in some
scared, after two keynote speakers                                             states.
                                        of the potential impact on the
finished their addresses.
                                        economy, Kerrie
The theme was “Insurance climate                                                                Ms Kelly said
                                        Kelly, Insurance      AILA-NZILA News editor the ICA would
change: What’s the forecast?”           Council (ICA)
                                                                Kate Tilley attended the        continue to
Once KPMG chair of financial            chief executive                                         pursue non-
services Dr Andres Terblanché           officer, told the       2007 AILA Queensland            insurance and
and Queensland University of            intensive.             Insurance Law Intensive work with
Technology assistant director,
development, Wayne Delaforce,           She said statistics         at Noosa. This is a         governments to
had spoken, it looked somewhat          showed the              summary of some of the develop policies
bleak.                                  industry paid $70                                       to tackle it.
                                                                    key presentations.
Dr Terblanché detailed the global       million in claims                                       On flood
picture of big risks on the horizon,    each working day                                        insurance, Ms
but tempered his views with the         and the figure was now pushing        Kelly said consumers did not
comment that they were “ambient,        $75 million. Direct premium           understand insurers’ different
blindside risks. Collectively, we can   revenue was $27.9 billion a year      definitions and the industry was
make a difference and make the          and the industry employed 58,000      therefore looking at a minimum
world a safer place”.                   people.                               standard definition. While the
The big risks included                  The ICA was an important              ACCC may fear the move was
nanotechnology, failed and                                                    anticompetitive, the ICA argued it
                                        lobby group, which conducted
falling states, a proliferation of                                            was a minimum and policyholders
                                        a cost-benefit analysis on every
weapons of mass destruction,                                                  could negotiate for additional
wars, international terrorism,          submission it put to government.
                                        It was being asked for input          coverage.
chronic disease, weather-related
catastrophes, climate change,           to government planning for            On tort reforms, Ms Kelly
liability regimes, fiscal crises...     pandemics, natural disasters, and     said debate was not helped by
the list went on.                       other issues.                         inconsistency in the arguments.
Dr Terblanché predicted the price       The ICA had implemented 36            “Some want every case in court,
of oil would “go through the            committees with independent           regardless of whether it’s a broken
roof ”, making international travel     experts to assist the council to      fingernail or a broken neck.”
cost-prohibitive.                       develop policy and drive debate.      Any windback would result in
If a pandemic occurred, hospitals                                             insurance being less available and
would overflow. “They are like          ICA’s current priorities were         less affordable, she said.
fast-food shops, not designed           non-insurance, flood insurance,
                                        catastrophe co-ordination             Tort reform windback needed
for long-term occupation,” Dr
Terblanché said. A totally different    arrangements, public liability        Governments’ willingness to adopt
social order would eventuate            reforms, tax reform (including fire   “special compensation regimes” for
because schools and communities         services levies and stamp duty),      specific issues was evidence that
would close and people would            and climate change.                   compensation under tort reforms
not use public transport or go                                                was inadequate, Gerry Murphy,
shopping.                               Until the ICA released its research
                                        in March, there had been “no          senior partner at Murphy Schmidt,
There was a four in five chance a       analysis of non-insurance”, Ms        Brisbane, told the intensive.
pandemic would not occur, but it
                                        Kelly said. The research found a      He cited the Queensland
was “something to keep an eye on”.
                                        close correlation between financial   Government’s scheme to
Mr Delaforce focused on the             position and insurance; low-          compensate victims of former
smaller picture, narrowing his          income earners were less likely to    Bundaberg Hospital surgeon
focus to south-east Queensland.         be insured. Non-insureds were         Dr Jayant Patel, and the NSW
But much of the message was the
                                        more likely to be young, live in      Government’s compensation
                                        cities, be born in non-western        scheme for Waterfall train disaster
The planning process was out of         countries and be low-income           victims as examples.
kilter with the projected growth        earners.
and the region was “significantly                                             He said the view that the
under-resourced for growth”.            That suggested people insured         pendulum had swung too far
Congestion on the roads would           only when they had the disposable     was gaining acceptance in the
continue and “the slower you go,        income to do so. Tax of up to 40%     community, but he could not say
the more you pollute”.                  in some jurisdictions on home         when rollback was likely to occur.

insurance legislation
“Fairness and justice will eventually   comprehensive. “We drill, train        a consequence of the insured’s
prevail; but I don’t know when.”        and exercise for all possible          negligence would probably be facts
There would be no immediate             scenarios.”                            that might give rise to a claim.
rollback but, in Queensland,
                                        BAC had 31/2 times the land            Increased claims for agri-insurers
lobbying focused on trying to stop
                                        mass of Sydney airport, which
the injury scale value system being                                            Agri-insurers can expect increased
                                        was advantageous if “the worst
applied to CTP claims.                                                         claims as climate change impacts
                                        thing happens”. “Mangroves and
                                                                               on the rural industry, says Carter
He said the Queensland workers’         migratory birds would suffer
                                                                               Newell partner Daniel Best.
compensation scheme, which              before people and houses.”
allowed access to common law,                                                  He told the intensive that
                                        The airport had seen a massive
was a success. Premium rates were                                              underwriters needed to be aware
                                        increase in aviation and non-
the nation’s lowest and 99.7% of                                               of claimants’ financial stresses and
                                        aviation business since its
claims were resolved within nine                                               categorise them to understand
                                        privatisation 10 years ago. It was
months, compared with 45.1%                                                    their claim motivation. Professional
                                        becoming an “aerotropolis”, or
under Comcare. The Queensland                                                  farmers were diversified,
                                        airport city. Firms were clustering
scheme’s dispute rate was 4.1% of                                              sophisticated, business-oriented
                                        around airports because they
claims, compared with 8.8% for                                                 and low risk.
                                        provided fast access to global
Comcare, Mr Murphy said.
                                        supply chains. The trend followed      Traditionalists were lifestyle
“Comcare is an administrative,          the first four waves of urban          farmers and family businesses
bureaucratic nightmare.”                development, which clustered           and more likely to litigate. The
Abolishing common law access            around seaports, rivers, railways      “battlers” were high risk, but
was “a quick fix, but it eventually     and roads.                             would exit the industry.
catches up with you”, he said.
                                        BAC’s annual passenger figures         Mr Best predicted an increase in
The Victorian workers’                  were 17.5 million, compared with       fraudulent and spurious claims
compensation scheme had                 29 million at Sydney. In 20 years,     and claims being used to offset
reinstated common law access            40 million passengers a year would     losses from climate change. He
and was now fully funded, Mr            use the BAC facilities, it would       said causation was important
Murphy said. All schemes needed         eclipse Melbourne as the nation’s      to investigate. For example,
consistency, a ban on advertising       second largest airport, and 40,000     many spray drift claims were
by personal injury lawyers, and         people would work on the BAC           actually pest infestations or poor
harmonisation with the social           site, Dr Bowes predicted.              management practices.
welfare system.
                                        ICA reforms fail to define claim       He advised underwriters to
Airport liability goes offshore                                                educate insureds for early
                                        Proposed reforms to the Insurance
                                                                               notification of claims. Intervention
There is insufficient capacity in       Contracts Act do not define
                                                                               by professional agronomists could
the Australian liability market for     “claim”, despite some submissions
                                                                               reduce claims dramatically.
the Brisbane Airport Corporation        calling for a definition, Samantha
(BAC). BAC company secretary            Traves, Queensland University of       Mr Best predicted an increase
Brad Bowes told the intensive           Technology law lecturer, told the      in exclusions, for example, wind
he had just returned from the           intensive.                             cover was no longer available in
annual “beauty parade to liability                                             north Queensland. Agribusiness
                                        That meant the meaning of
underwriters in London”.                                                       losses post-Cyclone Larry were
                                        “claim”, as opposed to “facts that
                                                                               $475 million.
BAC needed more than $1 billion         might give rise to a claim” under
in coverage and “we must go to          s54A, was unresolved. Ms Traves        Resources sector seeks alternatives
the London market to get it”.           said whether an insured had
                                                                               The insurance market has a
While BAC was not responsible           notice of a claim, or only of facts
                                                                               conservative view of the resources
for “a lot of the risky stuff, like     giving rise to a claim, should be
                                                                               sector, says Aon divisional
refuelling”, passenger security was     construed independently of any
                                                                               manager, corporate insurance
its responsibility. The potential for   contractual definition of the terms.
                                                                               services, Robert Evans. “The
slip and falls was heightened at
                                        She suggested “claim” involved         resources industry has not seen the
airports because passengers who
                                        a legal proceeding and extended        same rate reductions as the market
had been on long flights “don’t
                                        to “a letter of demand that            generally.”
always have the attentiveness of
                                        identified an amount and
someone walking down the road”.                                                A lack of insurance capacity meant
                                        demanded payment under threat
                                                                               the industry was looking
Dr Bowes said BAC’s risk                of legal proceedings”. A letter
management program was                  saying a client may suffer loss as     Continued page 8.

                                                                                               AILA-NZILA NEWS • PAGE 7
 AILA Qld Insurance Law Intensive
From page 7.                          Alliances were non-adversarial with    Optimise cover, says Aon
at non-insurance solutions,           all parties sharing the wins and
                                                                             Insurance buyers should optimise
including finite risk transfers,      losses. Risks were shared and a no-
                                                                             policy coverage now, while the
higher retentions and access to       blame concept adopted for errors,      market is competitive and rates
reinsurance markets. It was also      mistakes, poor performance or          soft, says Scott Willmot, Aon’s
considering employee benefits to      negligence.                            national manager, sales & services.
get workers to remote areas.          The “carve outs” were wilful           Elements of cover that had been
The resources industry needed         default and indemnities for third-     withdrawn should be revisited. He
“analytical analysis to determine     party claims. That allowed access      told the intensive the continued
risk tolerance and retention          to other insurance policies, for       competition in 2006 and 2007
levels”.                              example, public liability and          was caused by new capacity from
                                      professional indemnity.                existing insurers, new entrants and
Mr Evans acknowledged 2005-
                                      The new alliance professional          more underwriting agencies, which
06 had been “a difficult year” for
                                      indemnity products allowed first-      were predominantly backed by
mining underwriters globally.                                                overseas capital.
Cyclone losses totalled $330          party cover for internal losses
million, including claims for mines   incurred by an alliance participant,   The claims environment was
in Western Australia’s Pilbara        insured all participants against       benign. The US hurricanes had no
region.                               third-party claims, and offered        effect on the Australian market.
                                      project-specific cover, with run-      Private equity capital was investing
However, the industry was highly      off cover available for a defect
regulated and understood that                                                in the industry and insurers’ 24%
                                      rectification period.                  return on equity was a record
good risk management was
essential.                            The products were residual, that       level.
                                      is, they operated only if no other     Rate reductions differed according
Brokers had to emphasise the
                                      policy responded.                      to whether business was new or
high levels of embedded risk
management required by mining         Use experts with caution               renewing. Some insureds had
operations when marketing risks                                              received 50% reductions for the
                                      Experts should be used with            third consecutive year in financial
to insurers. Mr Evans told the
                                      caution in litigation, says            lines. Was there room for more
intensive the mining boom meant
                                      Queensland barrister Richard           movement? “Probably yes”, Mr
business interruption claims were
                                      Douglas, SC.                           Willmot said, describing it as the
likely to be higher. The mining
                                                                             correction of “a hard market that
industry had little spare capacity    He told the intensive that lawyers
                                                                             went too far”. All insurers were
to increase production if a loss      “too often” ran for experts when
                                                                             chasing SME business, so 50%
occurred and lead times for           laypersons’ evidence would be          reductions were not uncommon.
replacement equipment were likely     acceptable. He said half the reports
to be longer.                         he saw were inadmissible, but          Capacity was now available
                                      that was the fault of lawyers not      for hard-to-place risks, like
Mr Evans said the resources sector                                           environmental risks, financial
wanted contract certainty, with       experts.
                                                                             planners and financial institutions.
policies being issued at or before    Experts were required only as “a       The Westpoint collapse had “made
placement. “The market has not        source of relevant, probative facts,   no difference” to professional
been good at this in the past.”       outside common experience”. He         indemnity for financial planners.
Alliance contracts’ response          was not in favour of sole experts,
                                                                             For professional indemnity
positive                              because there was an unconscious
                                                                             overall, Mr Willmot predicted
                                      risk of experts not “engaging
The insurance industry has                                                   continuing aggressive pricing,
                                      the same rigour if they know no
responded to new alliance                                                    broader coverage, and a shift to an
                                      one else may give contradictory
contracting, now common in                                                   emphasis on terms and conditions
                                      evidence”.                             rather than just pricing.
construction projects, with three
insurers offering products with       Briefing experts was important.        Underwriting disciplines had been
coverage up to $20 million.           Too many went “beyond their            relaxed, he said. Historical claims
                                      expertise bailiwick, because they      data was not always required by
Minter Ellison partner Ian Briggs     think they can”. They needed to
said alliance contracting had                                                insurers. Brokers wanted the
                                      use layman’s terms.                    “eroded” discipline to “re-emerge”.
developed because the industry
was “riddled with post-construction   “I’m suspicious of experts speaking    For directors & officers’ liability,
disputes” and the enormous            in technical language,” Mr Douglas     litigation funding would increase
demand for infrastructure meant       said. Experts had to eschew the        the risk of shareholder class
the industry needed a better way      temptation to be judgemental, “or      actions, but “do not expect a turn
to deliver projects.                  even subconsciously subjective”.       in the market in 2007”.

Evidence Act heralds privilege changes?
          by Emily Walton              reports when defending a breach        but substantially diluted through
 Associate, Wynn Williams, Auckland    of contract claim consequent to        its extension to the receipt,
                                       declinature.                           compilation and preparation of
Indemnity insurers have                                                       communications and information.
traditionally had limited              The dominant purpose of a
recourse to litigation privilege       document is a matter of fact,          The act of compilation of
to protect initial loss assessment     judged on the purpose of the           information for the dominant
and investigation reports from         person creating the document           purpose will now cause privilege
production.                            and the intention of the person        to attach to otherwise unprivileged
                                       requesting it. But, in reality,        documents, presumably including
Does “privilege for preparatory        Guardian left insurers with little     loss adjustment and investigation
material in proceedings”, enacted      room to move.                          reports, which would have failed
at section 56 of the much                                                     the dominant purpose test at
anticipated, but not as yet in force   When litigation is reasonably
                                       contemplated is also a question        creation.
Evidence Act 2006, herald a new
day for insurers?                      of fact. Vague apprehension of         This is a significant deviation from
                                       litigation will not suffice. Despite   existing jurisprudence. Currently,
Litigation privilege protects from     arson causing 30% of fire claims       non-privileged documents do not,
production communications (oral        worth more than $10,000, the           without more, acquire privilege
or documentary) between a party        court has declined to accept that      simply because they are copied
or its legal advisers and third        most assessors are employed for        by a solicitor for purposes of an
parties, created for the dominant      the sole purpose of determining        action. When documents exist in
purpose of assisting in actual or      whether a fire claim is genuine.       circumstances that do not give rise
contemplated litigation.               No exception has been made for         to privilege, the mere fact they
It is the dominant purpose that        fire claims.                           are handed to a solicitor for the
frequently precludes litigation        Litigation can be said to be in        purposes of litigation does not
privilege from attaching to loss       contemplation once an insurer is       create a privilege .
assessment and investigation           advised that a policy claim should     Now, conceivably every document
reports commissioned by                be denied and in response engages      compiled in a solicitor’s brief
indemnity insurers into policy         solicitors and counsel.                for the dominant purpose of
claims. Such reports may have                                                 preparing for proceedings will
many purposes, including:              The practice of insurers engaging
                                       solicitors to draft instructions to    be protected. One doubts this
• to assist in deciding whether to     loss adjusters or investigators does   was the legislature’s intention. It
  accept or decline a claim,           not guarantee protection of the        certainly contradicts “the public
• adjustment of the value of the       resultant report. If challenged,       interest” which is “best served by
  claim, and/or                        courts will still objectively assess   rigidly confining within narrow
                                       whether litigation was reasonably      limits the cases where material
• gathering evidence for use in                                               relevant to litigation may lawfully
  defending an insured’s litigated                                            be withheld”.
  claim for breach of contract          Section 56 extends privilege to
  arising out of a declinature.        “communications and information        There is authority in England for
                                       made, received, compiled or            privilege attaching to documents
The dominant purpose test                                                     where the selection of documents
                                       prepared for the dominant
for multipurpose documents                                                    a solicitor has copied or assembled
                                       purpose of preparing for a
was imposed by Guardian Royal                                                 betrays the trend of the advice he
                                       proceeding or an apprehended
Exchange Assurance Ltd v Stuart                                               is giving the client.
                                       proceeding”. Specifically, privilege
[1985] 1 NZLR 596. Litigation
                                       attaches to:                           Whether NZ’s judiciary will impose
privilege did not attach to the loss
assessor’s report on the fire giving   (a) a communication between the        a “trend of advice” or equivalent
rise to Mr Stuart’s claim under his        party and any other person,        local test to the acts of receipt,
house & contents policy because                                               compilation and preparation or
                                       (b) a communication between the
the dominant purpose of the                                                   any one of them alone remains to
                                           party’s legal adviser and any
report was to provide Guardian                                                be seen.
                                           other person,
with a basis on which to decide                                               Edwards & Ors v Lewis Unreported 30 June
whether or not to decline the          (c) information compiled or
                                                                              1986 HC Napier
claim.                                     prepared by the party or its
                                                                              Carlton Cranes Ltd v Consolidated Hotels Ltd
                                           legal adviser, and
That is consistent with the primary                                           [1988] 2 NZLR 555
obligation of an insurer to meet       (d) information compiled or            Harrison v Attorney General (1989) 4 PRNZ
the insured loss, and arguably             prepared at the request of the     122.
also with the insurer’s duty of            party, or its legal adviser, by    Dinsdale v Commissioner of Inland Revenue
utmost good faith. But, for the            any other person.                  (1997) 10 PRNZ
last 20 years, it has frequently       For insurers, the Achilles heel of     General Accident Fire and Life Assurance
compelled insurers to produce          litigation privilege, the dominant     Corporation v Elite Apparel [1987] 1 NZLR
initial investigation and assessment   purpose test, has been retained        129 (CA).

                                                                                                AILA-NZILA NEWS • PAGE 9
Profile                        National board
Doug loves life in the top end contacts                                   President: Stephen Knight
Doug Webb is AILA’s inaugural        establishing AILA in the NT.         Dobson, Mitchell & Allport
Northern Territory chairman          The branch hosts three or four       Phone: 03-6222-1111
and board member.                    seminars a year, capitalising on     Fax: 03-6223-6633
                                     opportunities when interstate        Email:
General manager of TIO Motor         speakers are available.              Secretary: David McKenna, Jarman
Accidents Compensation, Mr                                                McKenna
Webb joined the AILA board           Mr Webb enjoys life in Darwin -      Phone: 08-9492-2222
after the NT branch was              “it’s like a big country town, but   Fax: 08-9492-2255
establish three years ago. He        with capital city infrastructure     Email:
was already a regular at AILA        and facilities”. Although the hot    Treasurer: David Berry, Aon Risk Services
conferences, having flown to his     weather can be stifling in the wet   Phone: 08-8301-1169
first, in Melbourne in 1989, at      season (November to April), and      Fax: 08-8301-1100
the height of the pilots’ dispute.   forced him to abandon a love         Email
He has also been a regular           of golf.                             Immediate past president:
attendee at the                                                           Peter Backe-Hansen, Allianz
AILA Queensland                                      Other sports         Phone: 02-8258-5372
insurance law                                        are still on         Email:
intensive. The                                       the agenda,          COMMITTEE MEMBERS
2007 event was                                       though. Mr           Damon Bennett, GAB Robins Australia
his fifth.                                           Webb is a            Phone: 07-3121-6800
                                                     dedicated            Fax: 07-3121-6811
After graduating in                                  Collingwood          Email:
law from Monash                                      AFL Club             Kim Bradey, Dibbs Abbott Stillman
University in 1978,                                  supporter,           Phone: 03-8080-3522
Mr Webb worked                                       spent a              Fax: 03-8080-3866
as a loss adjuster                                   long, but            Email:
for several years,                                   enjoyable day        John Fountain, Fountain & Bonig
including a 12-                                      at the Darwin        Phone: 08-8239-1114
month posting                                        round of             Fax: 08-8239-1077
to Darwin. Back                                      the V8               Email:
in Victoria, he                                      SuperCars            Doug Galbraith, Clayton Utz
worked in a                                          and is               Phone: 02-6279-4000
                    Doug Webb
Ringwood legal                                       relishing the        Fax: 02-6279-4099
practice for three                                   forthcoming          Email:
years and was then a partner in      Darwin Cup Carnival.                 Michael Gill, DLA Phillips Fox
a country law firm.                                                       Phone: 02-9286-8419
                                     He loves to travel, and that’s an    Fax: 02-9283-4144
It was a chance call to a former                                          Email:
                                     advantage of living in Darwin
work colleague in Darwin that
                                     - “it’s four hours to anywhere”.     Michael Raymond, Munich Reinsurance
saw him back in the top end in
                                     Mr Webb and his family have          Phone: 02-9272-8179
1987. His colleague had since
                                     holidayed in Bali, Singapore         Fax: 02-9272-8115
joined the TIO and told him the                                           Email:
                                     and Hong Kong, and he’ll travel
state government-run insurer
                                     almost anywhere to indulge           Chris Rodd, CGU Insurance
needed an in-house counsel.
                                     his passion for live music. For      Phone: 03-9601-8036
Mr Webb got the job and had          example, he saw Phantom of           Fax: 03-9601-8366
that role until 1996, when           the Opera in Singapore, Robbie       Email:
he was promoted to a senior          Williams in Perth, the Eagles in     Roger Sands, Talbot Olivier
management position with             Melbourne, and John Farnham          Phone: 08-9420-7100
the TIO-run motor accidents          in Brisbane.                         Fax: 08-9420-7101
compensation scheme.                                                      Email:
                                     Mr Webb and his wife, Sandra,        Robert Webster, Dobson Mitchell & Allport
In 2000, he moved to general         have two daughters, Sarah,           Phone: 03-6222-1111
insurance as assistant general       22, and Kristie, 25. They’re         Fax: 03-6223-6633
manager, claims & legal, and         proud grandparents to Kristie’s      Email:
in 2004 went back into Motor         daughters, Tali, 4, and Bonnie,      Doug Webb, Territory Insurance Office
Accidents Compensation as            nine months.                         Phone: 08-8946-2257
general manager.                                                          Fax: 08-8946-2268
                                      In fact, his family, and a cold     Email:
With a dedicated committee           glass of sauvignon blanc at the      WEBSITE ADMINISTRATOR
and membership that fluctuates       end of a hard day in the office,     Mike Quinlan
around 20 people, Mr Webb            are the things Doug Webb will        Phone: 0409-057-760
has been instrumental in             never give up.                       Email:

    AILA                                  Legal, Perth, WA. Mark Birkbeck,        managing director of Finity
                                          a workers’ compensation and             Consulting. She takes over from
                PEOPLE                    commercial law specialist, has been
                                          appointed a partner at Downings
                                                                                  founding managing director Colin
                                                                                  Brigstock, who will spend more
                                          Legal.                                  time with clients.
Sam Mauriello, a paralegal and
business development manager              Wesfarmers Insurance Divisionn          Ace Asia Pacific has made the
                                          has appointed Stephen McConnell         following appointments. Stephen
with Adelaide law firms for the
                                          as CFO. He will be based in Sydney      Crouch is now CEO and country
past 17 years, has joined Insurserv                                               manager for Australia and New
Australia as manager, SA/WA/NT,           and report to Rob Scott, who takes
                                          over from Bob Buckley when he           Zealand. He was most recently CEO
based in Insurserv’s new Adelaide                                                 of Ace Hong Kong; John French
office. He has significant experience     retires in July. Mr McConnell joins
                                          Wesfarmers from Ace Insurance,          is now CEO and country manager
in insurance recoveries with law                                                  of Ace Hong Kong. He was Ace
firms and an insurer. Managing            where he had been CFO for
                                          Australia and new Zealand since         Australia’s general manager before
director Scott Hallewell said Mr                                                  taking over the helm in Singapore
Mauriello’s extensive background                                                  in November 2003.
in the Adelaide insurance industry
would be valuable in building             Liberty International Underwriters
                                          has appointed Suzanne Ross              National Transport Insurance
business for the new Adelaide                                                     (NTI) has appointed Stephen
office. Insurserv assists insurers and    as senior underwriter, specialty
                                                                                  Smith as SA/NT manager. Mr Smith
self insurers to recover claims owed      casualty, in its Brisbane office.
                                                                                  previously had the same role with
by third parties efficiently and          Ms Ross joined LIU in Melbourne         Swann Insurance. NTI’s former
effectively.                              in 2005.                                SA/NT manager, Paul Craig, has
                                                                                  taken on national underwriting
Michelle Frosh                            Carter Newell Lawyers has               responsibilities, based in the
(right) and                               appointed Andrew Persijn as a           company’s Adelaide office.
Jane Thomas                               solicitor with its insurance team
have joined the                           in the firm’s Brisbane office. He       Tony Thrift has joined Australis
professional                              previously worked for Brisbane          Group Underwriting as broker
indemnity                                 firm Richardson & Lyons Solicitors.     liaison manager. Mr Thrift will
insurance team                                                                    work with brokers to develop
at Downings          Michelle Frosh       Estelle Pearson has been appointed      mutual business opportunities.

Sportscover first with Lloyd’s syndicate
Establishing a Lloyd’s syndicate is       was December 2005 before he even        been prohibitive,” he said.
not for the faint-hearted, but the        met Lloyd’s to get the green light to   “The strongest thing about Lloyd’s
rewards are there.                        proceed with an application.            is its brand image. It has a prestige
Peter Nash, managing director of          It was almost another year, August      we don’t get as Sportscover alone.”
Sportscover Syndicate 3334, took          14, 2006, before the syndicate was      Mr Nash said the franchise system
the plunge. Sportscover is the            born. During that time, there were      meant there was an obligation on
first syndicate writing business for      192 meetings, 5,000 pages of text       syndicates to protect and defend the
amateur sports at Lloyd’s and the         generated, and £15 million of capital   brand.
first established by an Australian        invested.
privately owned company. Mr Nash                                                  He said Lloyd’s had a long history
                                          The syndicate was the first new one     of changing to meet customer
is the first active Lloyd’s underwriter   for 21/2 years, and the only one of
to live outside the United Kingdom.                                               demands and being a first mover
                                          22 applications to be successful in     in new, big, unusual, complex
He told an AILA Qld meeting               that time.                              risks. The market had £16.4 billion
that the cost was $1 million in           Mr Nash said Sportscover, a             in capital, the majority corporate
establishment costs and three people      $50 million Australian company          capital. “There are very few
fulltime for two years. It required       writing sports insurance for 20         unlimited Names still in the system.”
“a healthy attitude”, as there was        years, decided to become a Lloyd’s
much frustration, confusion and                                                   Since last August, Sportscover has
                                          syndicate because of the access it      increased premium income by
misunderstandings.                        offered to the worldwide stage in       101% and is predicting a 125%-
He began the process in January           a short time.                           130% increase by August 2007.
2005, hiring a senior Lloyd’s             “Every business needs an                The company currently writes
person with 23 years’ experience,         international content. Lloyd’s is       $30 million of premium income
researching “what we thought we           licensed in 76 countries and has a      in Australia a year, but plans to
needed”, preparing a business plan,       good security rating. The cost of       increase revenue to $400 million in
and selecting a managing agent. It        achieving that alone would have         five years.

                                                                                                 AILA-NZILA NEWS • PAGE 11
                                                 DIARY                             2007
                     August 13 - August 14                                                                August 29
 Australian Risk Summit 2007, Navigating through the maze                       SA branch breakfast seminar, Hilton International Hotel,
 of risk challenges, Sydney Convention & Exhibition Centre.                                Adelaide. Go to
              Go to                                                          August 29
                     August 20 - August 21                                      Geoff Masel Memorial Lecture Series, Canberra, noon to
                 D&O Liability Symposium,                                             2pm, venue TBA. Speaker Greg Rinehardt.
        The Westin, Sydney, Professional Risks Pty Ltd,                                  Ph Doug Galbraith, (02) 6279 4065.
                     ph (03) 5989 7582.                                                           August 30 - September 1
                              August 22                                          ANZIIF, 14th annual Sunshine Seminar: A World of
   Geoff Masel Memorial Lecture Series, Sydney, 4.30pm-                        Change, Sheraton Noosa. Go to
  6.30pm. Venue TBA. Speaker Prof Greg Rinehardt, Can                                            Wednesday, September 12
    courts ignore the reality of insurance in litigation? Ph
                                                                               Geoff Masel Memorial Lecture Series, Melbourne, Venue
              Penny Paterson, (02) 9975 7198.
                                                                                   TBA, 4.30pm-6.30pm. Speaker Greg Rinehardt.
                              August 23                                                  Ph Brian McPhail (03) 9899 5382.
      Geoff Masel Memorial Lecture Series, Brisbane.                                            September 19 - September 21
  The Polo Club, Naldham House, 1 Eagle Street, Brisbane,
                                                                                   AILA-NZILA annual conference, The ties that bind.
        12.30pm-2.30pm. Speaker Greg Rinehardt.
                                                                                   Christchurch, New Zealand. Go to
              Ph Kim Logan, (07) 3886 5861.

    This newsletter is compiled by Kate Tilley Journalism Pty Ltd on behalf of the Australian
          Insurance Law Association and the New Zealand Insurance Law Association.                   Copy deadlines for forthcoming issues are:
                                       Editor: Kate Tilley                                        Conference issue: Friday, September 28, 2007
     Please forward contributions to KT Journalism: PO Box 165, Spring Hill, Qld, 4004;           December 2007: Monday, November 5, 2007
           phone (07) 3831-7500, fax (07) 3831-7541 or email

  To contact AILA and NZILA                                                                                        AILA ABN 81 052 374713

                                                                                                      Secretariat: Brian Moore
  Web site:                         Chairman: Justin Meyer                            Ph: 08-9761-2363; Fax: 08-9761-4713;
                                                    Marsh                                             email:
  President: Stephen Knight
  Dobson Mitchell & Allport                         Ph: 03-9603-2208
  Ph: 03-6222-1111; Fax: 03-6223-6633               Email:
                                                    Secretary/Treasurer: Peter Chapman                Chairman: Damon Bennett
  Email:                                                                   GAB Robins
                                                    McClarens Young International
  Secretary: David McKenna                                                                            Ph: 07-3121-6800; Fax: 07-3121-6811
                                                    Ph: 03-9729-5590; Fax: 03-9720-4104;              Email:
  Jarman McKenna                          
  Ph: 08-9492-2222; Fax: 08-9492-2255                                                                 Secretary: Rebecca Stevens
  Email:                       Secretariat: Brian McPhail                        Carter Newell
                                                    McPhail & Partners Pty Ltd                        Ph: 07-3000-8347; Fax: 07-3000-8466
  National Secretariat: Brian McPhail               Ph: 03-9899-5382; Fax: 03-9890-6310
  McPhail & Partners Pty Ltd                                                                          Email:
  PO Box 93, Box Hill, Vic 3128                                                                       Secretariat: Kim Logan
  DX 12815 Box Hill.                                                                                  Ph: 07-3886-5861; Fax: 07-3886-3362
  Ph: 03-9899-5382; Fax: 03-9890-6310               Chairman: John Homburg                            Email:
  Email:                       Fountain & Bonig
                                                    Ph: 08-8239-1114; Fax: 08-8239-1077
                                                    Email:              Chairman: Robert Webster
  President: Christine Meechan                                                                        Dobson Mitchell & Allport
  Bell Gully                                        Secretary: Julie Kinnear                          Ph: 03-6222-1111; Fax: 03-6223-6633
  Ph: +64-9-916-8800; Fax: +64-9-916-8801           DLA Phillips Fox                                  Email:
  Email:            Ph: 08-8124-1812; Fax: 08-8231-0014               Treasurer: Bill Callaway
                                                    Email:           RACT Insurance Pty Ltd
                                                    Secretariat: Margaret Cloy                        Ph: 03-6232-6382; Fax: 03-6232-6433
  Chairman: Michael Raymond
                                                    PO Box 617, Port Adelaide SA 5015;                Email:
  Munich Reinsurance
                                                    Ph: 0439-817-330; Fax: 08-8341-0948;
  Ph: 02-9272-8000; Fax: 02-9272-8115                                                                   NORTHERN TERRITORY
                                                                                                      Chairman: Doug Webb
  Secretary: Lisa Sutorowski                                                                          Territory Insurance Office
  Littlewoods Services Pty Ltd                      Chairman: Felicity Davis                          Ph: 08-8946-2257; Fax: 08-8946-2268
  Ph: 02-9274-3063; Fax: 02-9274-3033               Francis Burt                                      Email:
  Email:            Ph: 08-9220-0544; Fax: 9325-2041
  Secretariat: Penny Paterson                       Email:
  PO Box 1241, Dee Why, NSW 2099                    Secretary: Craig Hollett                          Chairman: Doug Galbraith
  DX 9147 Dee Why                                   DLA Phillips Fox                                  Clayton Utz
  Ph: 02-9975-7198; Fax: 02-9975-2998               Ph: 08-6467-6027; Fax: 08-6467-6001               Ph: 02-6279-4005
  Email:                     Email:           Email:


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