The Australian Law Reform Commission (ALRC) Report No. 20 of 1982 which forms the basis of the Insurance Contracts Act 1984 (Cth) (the Act) is a favourable thing that has happened in the field of...


The Australian Law Reform Commission (ALRC) Report No. 20 of 1982 which forms the basis of the Insurance Contracts Act 1984 (Cth) (the Act) is a favourable thing that has happened in the field of General Insurance Law in Australia. This is because it ensures a fairer and clearer playing field for both the Insured and the Insurer. In your view, is it too unfairly weighted against one party or the other? If so, why so? If not, why not?


Also, in addition to the above, which in your view were the three (3) most important recommendations made by the ALRC and why? Focus just on matters relating to General Insurance ignoring Life Policies and Superannuation cover issues.


In your answers, you are also required to analyse the relevant provisions if the Act supported by outcomes in caselaw. Be critical in your analyses as to whether these were fair outcomes, regardless of whether the decisions were favourable to the insured or insurer. If you are commenting on any amendments to the Act, you are to comment on whether case law decisions by applying these amendments came to fair decisions or otherwise.

Apr 29, 2021
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