In 2025, TPD claims in Australia are undergoing significant scrutiny and the claims process remains complex. Take a deep dive into the Insurance Contracts Act and examine the complex issues in TPD claims and litigation. Understand the implications of the interaction of variation and unbundling of insurance contracts within the Insurance Contracts Act and the implications of life, TPD and income protection claims.  Unpack the challenges of pleading and proving TPD claims involving multiple conditions one of which is an excluded condition and gain practical guidance and tips on claims strategy regarding commencing proceedings.

Presenters

David Kelsey-Sugg, Barrister, Ah Ket Chambers
David is an experienced barrister with a strong practice-focus on disability insurance. He has extensive experience in litigated TPD matters and has acted in a number of significant TPD cases. He regularly advises in relation to policy exclusions, pre-existing condition clauses, policy construction issues and the intersection between different types of claims and benefits across different jurisdictions and regimes.  Prior to the Bar, David was a solicitor in private practice and with ASIC.

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.


Nicholas Scott, Barrister, Quay 11 Chambers
Nick commenced his legal career as a personal injuries solicitors in 2011, eventually joining Maurice Blackburn’s Brisbane Personal Injuries Team in 2014. In 2019 he moved to Maurice Blackburn’s Superannuation and Insurance Litigation Team, before becoming the State Litigation Leader in 2021. In this role Nick litigated hundreds of insurance claim for Queenslanders, primarily in the life insurance space, but also a number of general insurance claims involving houses, businesses and vehicles. In May 2025, Nick was called to the Queensland Bar and is focusing on insurance, personal injuries, consumer law and administrative law.

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.

Nawaar Hassan, Barrister, Foley’s List
Nawaar has specialist expertise in insurance law. She acts both for insurers and insureds in indemnity disputes, defence of claims and subrogated recovery. She regularly acts in matters involving avoidance for alleged non-disclosure and alleged fraudulent claims in both general and life insurance. Nawaar has experience across the field of general insurance including: Professional indemnity insurance, building and property insurance, business interruption insurance, public liability insurance, owners corporation and strata insurance. Before coming to the Bar Nawaar worked as the Associate to Justice Cavanough of the Supreme Court of Victoria and to Judge Taft of the County Court of Victoria.