Keep up to date with the recent changes to total and permanent disability and income protection claims, delve into the technicalities of claiming interest and obtain constructive guidance on what to do when the claim is declined. Take a deep dive into the law applicable when trustees are self-insurers. Gain insight into the legal and medical perspective of vocational assessments and choice of expert.
Thursday, 24 August 2023
Professional Skills
12.15pm to 1.15pm Understanding the Tax, Super and Centrelink Implications Prior to Resolution of a TPD, Life Insurance and Death Benefit Claim
- Tax: understanding how payments will be taxed and what strategies can minimise or defer tax
- Super: how payments interact with the claimant’s super balance and the strategies available to ensure optimal outcomes
- Centrelink: learn about the impact of a payment on Centrelink and how to protect entitlements
- Tax and financial implications for other types of insurance payouts and personal injury settlements
- Topical issues impacting the insurance industry and Australians following a successful claim
- Tips for lawyers guiding their clients once a claim has been approved
Presented by Andrew Reynolds, Principal Adviser, TPD Claims Advice
9.00am to 10.00am Deep Dive: Section 13 Duty of Utmost Good Faith
- What it is and what it is not
- Recent case summaries
- Practical examples on how it applies to:
- The insurer; and
- The insured
- When there is breach, what then?
Presented by Rebecca Nichols, Barrister, More Chambers
Chair:
Keith Howe, Barrister, Level 10, Inns of Court
10.00am to 11.00am Procedural Fairness: “They’re Just Not That Into You!”
- You’ve Got Mail!: What to do when you get the PF letter
- 10 things I Hate About You: What are the reasons insurers try to reject your claim?
- Clueless” Should I respond?
- As Good As It Gets: preparing a S101 submission
Presented by Melissa O’Neill, Special Counsel, Superannuation and Disability Claims Team, Shine Lawyers
11.15am to 12.15pm An Interesting “Interest” Discussion
- Interest in insurance claims; what is the law?
- Considering section 57 of the ICA, regulation 38, and the key cases
- Assessing a claim for potential interest entitlements, and the need for a detailed chronology
- The “how to”; when to claim and how to claim interest
- If the claimant and insurer can’t agree, what next?
- Avenues for the pursuit of an interest claim, and their pros and cons – IDR, AFCA, or litigation?
Presented by Nicholas Scott, Senior Associate and State Litigation Leader and Hayley Stokes, Associate, Maurice Blackburn
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
11.00am to 11.15am Morning Tea
Presenters
Ms. 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.
Mr. Nicholas Scott, Senior Associate and State Litigation Leader, Maurice Blackburn Lawyers
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.
Mr. 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.
Ms. 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 honour 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.
Ms. 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.
Mr. Andrew Reynolds, Principal Adviser, TPD Claims Advice
Andrew Reynolds is the Founder of Edwards Financial Solutions and the creator of our TPD Assessment Service. Andrew specializes in insurance and personal injury claims through superannuation, working with people all over the country and usually provides his services over the phone.
