While the definition of total and permanent disability has not changed in 30 or 40 years, the nature of underlying causes of disability has changed. Focus on the current state of the law and practice, examine procedural fairness in TPD claims and gain insights from an examination of trustee obligations to vulnerable claimants and access to justice.
Description
Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair:
Stephen Walsh, Barrister, Frederick Jordan Chambers
10.00am to 11.00am Vulnerable Claimants: Challenges for Trustees and their Members: In Conversation
- Challenges for vulnerable claimants:
- Understanding the claims process
- Communicating with vulnerable clients
- Information gap in claim assessment
- Finalisation of claim
- Issues for trustees:
- Insurers and legal representative: what are trustee duties?
- How is it different to insurer obligations?
- What are the practical implications for vulnerable claimants?
- Best practice and case studies: trauma-informed approach, fair approach and fair outcome
Presented by David Coorey, Special Counsel, Carrol and O’Dea
11.15am to 12.15pm Case Update
Embark on a tour of recent and topical judgments considering life insurance disputes and a discussion about how these may be applied in practice.
Presented by Craig Parrish, Principal Lawyer & State Litigation Leader (NSW & SA), Maurice Blackburn Lawyers
Professional Skills
12.15pm to 1.15pm How a Typical TPD Claimant Saved Over $50,000 in Tax and Benefits
- Superannuation TPD claims and tax treatment
- Financial impacts to Centrelink, child support, family tax benefits, HECS debts, Medicare etc
- Income protection, litigated insurance & common law settlements & financial implications
- Better financial outcomes
Presented by Andrew Reynolds, Principal Adviser, EFS Advice
9.00am to 10.00am Procedural Fairness
- Practical guidance when responding to a procedural fairness letter in the context of a TPD claim
- The insurer’s decision
- Reconsideration requests
Presented by Adrian Coombes, Barrister, Seven Windeyer Chambers
11.00am to 11.15am Morning Tea
Presenters
Adrian Coombes, Barrister, Seven Windeyer Chambers
Adrian was called to the Bar in 2014 and practises primarily in the areas of insurance, superannuation, commercial and personal injury disputes. He has appeared in numerous first instance and appellate TPD and income protection cases. Prior to coming to the Bar, Adrian was a senior associate at a mid-tier firm, practising in insurance and commercial law.
David Coorey, Special Counsel, Carrol and O’Dea
David Coorey is special counsel working in Carroll & O’Dea Lawyers Parramatta office, servicing Western Sydney and beyond. David has more than 20 years’ experience as a solicitor working predominantly in the area of consumer law (financial services) at Legal Aid NSW, as well as litigation experience (Freehills) and more recently as a decision maker (Ombudsman) at Australian Financial Complaints Authority. David is committed to achieving fair outcomes for clients who often face great challenges in successfully navigating the legal system. David has specialist experience in banking and insurance law. This includes life insurance disputes including Total and Permanent Disability (TPD) and income protection.
Craig Parrish, Principal Lawyer & State Litigation Leader (NSW & SA), Maurice Blackburn Lawyers
Craig Parrish is a Principal Lawyer at Maurice Blackburn Lawyers and leads the firm’s Superannuation & Insurance litigation practice across NSW and South Australia. Craig and his team act for plaintiffs in a broad range of insurance, professional negligence, financial advice and consumer law disputes. With a degree in psychology and past experience in mental health law, he is particularly passionate about cases which raise questions about how the law interacts with mental health and disability. Craig enjoys engaging with lawyers, financial counsellors and consumer advocacy groups about emerging issues and trends in insurance and consumer law.
Stephen Walsh, Barrister, Frederick Jordan Chambers
Fifteen years at the NSW Bar, during which Stephen has appeared in a range of civil and commercial matters, principally life insurance cases, contractual disputes, professional negligence, occupiers liability and property insurance disputes and taxation recovery matters. Prior to coming to the bar, Stephen had 14 years of experience as a solicitor/solicitor advocate specialising in general civil and commercial litigation, in particular product liability, professional negligence, building and construction, insurance policy disputes, contractual disputes, pollution/contamination claims, and health and safety prosecutions.
Andrew Reynolds, Principal Adviser, EFS Advice
Andrew Reynolds has worked in financial services for over 20 years. He has spent the last 15 years providing financial advice, most of that time working with personal injury law firms, individuals and families that have suffered and illness or injury. After working with a number of big companies, Andrew started his own financial advice business 5 years ago and specialises in helping people who are receiving insurance claims following a disability. Andrew is a member of the Australian Lawyers Alliance Superannuation & Insurance Special Interest Group and is passionate about protecting peoples’ rights in this area.
