TPD, Income Protection, Superannuation and Life Insurance Law Intensive

With a focus on both the law and the all-important practical aspects of making a TPD claim, explore the key issues with the assistance of case studies, case law and hypotheticals.  Be updated on the ever-developing issues of non-disclosure and misrepresentation, Section 54 and superannuation, date of disablement Issues as well as examine the facts and takeaways of AFCA decision over the past 12 months.

Tuesday, 10 September 2024
Early Bird Discount ends 2 Aug 2024 $353.50
Chair

Keith Howe, Barrister, Level 10, Inns of Court

11.00am to 11.15am Morning Break
11.15am to 12.15pm AFCA Decisions in TPD, Income Protection, and Life insurance Over the Last12 months

 

  • A summary of all AFCA decisions in FYE 2024 relating to TPD, income protection, and life insurance
  • Consideration of themes and issues in dispute
  • Statistics on who AFCA is finding in favour of
  • Tips and tricks which might assist your matters

Presented by Nicholas Scott, Senior Associate and State Litigation Leader and Hayley Stokes, Associate, Maurice Blackburn

Description

Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

9.00am to 10.00am The Stinky Onion that is Non-disclosure and Misrepresentation

 

  • Non-disclosure vs misrepresentation
  • What if the Insurance Contracts Act 1984 (Cth) does not apply
  • A hypothetical case study and discussion

Presented by Rebecca Nichols, Barrister, More Chambers

10.00am to 11.00am Post Contractual Conduct: Can Section 54 of the Insurance Contracts Act Apply to Blanket Superannuation Policies?

 

  • History of section 54 and prominent cases on that section
  • Potential application of section 54 to blanket superannuation policies generally
  • Summary of cases that have applied section 54 to group life insurance cases to date
  • Common clauses in superannuation policies and the potential application of section 54 to them

Presented by Philip Nolan, Barrister, Darrow Chambers

12.15pm to 1.15pm Date of Disablement Issues: Tips and Tricks for Ensuring Your Client’s Claim Does Not Fall Through the Cracks

 

  • Common definitions in group policies
  • How to understand what evidence you need
  • Case Study: the QSuper experience – practical guidance and key takeaways

Presented by Melissa O'Neill, Special Counsel, Shine Lawyers

Testimonials

Very engaging overall, great to see such focus on this practice area!
Loved it - highly relevant and great real life examples.

Presenters


Nicholas Scott, Senior Associate and State Litigation Leader, Maurice Blackburn
Nick was admitted to the Supreme Court of Queensland in July 2011. He worked for several years in personal injury for a boutique personal injury firm in Brisbane. He joined Maurice Blackburn in 2014, working in the Brisbane Personal Injuries Team for five years. In 2019, Nick joined Maurice Blackburn’s Superannuation and Insurance Litigation Team. Since 2021, Nick has been the State Leader of Maurice Blackburn’s Queensland Superannuation and Insurance Litigation Team, specialising in litigating life insurance and general insurance claims.


Hayley Stokes, Associate, Maurice Blackburn
Hayley is an Associate at Maurice Blackburn Lawyers in the superannuation, insurance, and financial services team. She runs a variety of matters, including TPD, income protection, interest and life insurance claims, at both the initial claims stage, and through litigation in various jurisdictions. She also runs professional negligence claims against financial advisers for both insurance and investment advice; and irresponsible lending claims against brokers and credit providers, through AFCA and the courts. Outside of her day to day practice, she is involved in the Credit and Debt Clinic at Caxton Legal Centre, and the Health Justice Partnership at the Mater Hospital in conjunction with LawRight.


Melissa O'Neill, Special Counsel, Shine Lawyers
Specialising in Plaintiff Litigation, Melissa has spent many years fighting against insurance companies and other large organisations to obtain justice for her clients. She was delighted to join the Superannuation and Disability Claims Team, who are determinedly focused on getting the best outcomes for clients, whom they treat like family. Melissa has seen what many of our clients go through. She has stood shoulder to shoulder with them and been there during some of their darkest times. Melissa feels that to be able to restore some of their dignity and self-respect that insurers have taken from them, is a great honor and privilege. As a Solicitor and Special Counsel, Melissa's role is a challenging but rewarding one. She has witnessed the courage of our clients and to be able to fight for them is a huge motivator and is definitely what keeps her going. It’s Melissa’s hope that the team continues with their great work in really going that extra mile. She promises that they will do everything possible to make sure you are well looked after and able to move on with your life.


Keith Howe, Barrister, Level 10, Inns of Court
Keith Howe has a broad practice across Brisbane, the Gold Coast and Northern New South Wales. He appears as an advocate at both trial and appellate level in matters involving many aspects of commercial, insurance, personal injury, property and common law matters generally, with an associated advisory practice. Keith is a nationally accredited mediator and has an extensive mediation practice both as a mediator and representing parties, in matters ranging from insurance, personal injury and Estate matters to general commercial disputes. In recent years Keith has developed an extensive mediation practice in TPD, income protection and financial advice disputes.


Rebecca Nichols, Barrister, More Chambers
Rebecca Nichols has broad experience working in various practice areas since 2000 and specifically in commercial litigation, financial services, general insurance and personal injury disputes for the last 16 years. She commenced at the private Bar in 2010 and has continued her broad practice conducting both plaintiff and defendant litigation. In recent years, she has developed an extensive practice in superannuation and life insurance disputes. She appears in both State and Federal Courts and is also a regular advocate in alternative dispute resolution processes. Rebecca is a member of both the Australian Lawyers Alliance and Australian Insurance Lawyers Association. She holds a Bachelor of Law (Hons) from QUT.


Philip Nolan, Barrister, Darrow Chambers
Phil’s expertise in this area extends to all life insurance matters held inside and outside superannuation funds, such as TPD, Income Protection and Terminal Illness claims. Phil also specialises in Personal Injuries matters, including a specific focus on Federal compensation schemes, such as Comcare, Seafarers’ and Military Compensation, as well as acting for clients in relation to personal injuries under the Northern Territory jurisdiction. Phil was admitted as a solicitor in New South Wales before moving to Brisbane in 2008. He is a member of the Queensland Law Society and is admitted to practice in Queensland and the High Court of Australia.

WEB249Q01

TPD, Income Protection, Superannuation and Life Insurance Law Intensive

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DELIVERY MODE BELOW

Single Session
Tuesday, 10 September 2024
9.00am to 1.15pm Australia/Brisbane
CPD Points 4
$505.00
$505.00
Early Bird Discount ends 2 Aug 2024 $353.50
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