Insurance Contracts Act Handbook

The latest edition of the Handbook contains new case law updates from 2016 and 2017, including the following developments:

• There are clarifications as to how the controversial section 54 of the Act operates.
  • First, the Federal Court (in Watkins Syndicate v Pantaenius Australia) confirms that we need to look at the “essential character” of the Policy to determine what are the “inherent limitations in the claim” referred to by the High Court in Maxwell v Highway Hauliers, so that section 54(1) won’t apply in the insured’s favour. 
  • Second, there are cases which illustrate how sections 54(2) and (3) operate, which are important to note given the gradual widening of section 54(1). Given section 54 has very broad application, it is important to understand where the Courts are going with possible limitations to it.
• The NSW Court of Appeal (in Lambert Leasing v QBE) clarifies that section 45 applies to strike down other insurance clauses only in the limited circumstance where both policies that cover the claim were entered into by the insured, in the sense that the insured was a contracting party to both. This will have implications particularly for the construction industry where parties usually have overlapping insurances.
• Further cases on non-disclosure (section 21) and fraud (section 56).

The Handbook is available to purchase in two formats:

• a hardcopy, printed version for $75 (exclusive of GST and postage); and
• a digital, online version for $75 (exclusive of GST)

The Handbook is relevant to anyone who deals with insurance law in Australia, including in-house legal staff, underwriters, claims handling staff, brokers, insurance managers, judges and barristers.

The 10th edition of the Handbook has for the first time become available in a digital (online) format. This has been driven by demand and feedback from our valued clients.

The digital Handbook is an online subscription available on a MinterEllison hosted (secure) platform called 'HighQ'. A digital subscription to the Handbook lets you digitally search and annotate your copy (and save your annotations for later), access publicly available case law via hyperlinks, and view content on your mobile or tablet device. This is designed to help you use the Handbook in the ways you like to: frequently, spontaneously and as a trusted personal resource. 

Unfortunately, for security reasons the digital Handbook is unable to be downloaded or printed. It is available at all times via our MinterEllison hosted (secure) platform 'HighQ'

The digital Handbook is a subscription service hosted on an online platform, so an internet connection is required to access it on your desktop. The digital Handbook can be accessed at any time via your mobile or tablet using 4G.

Yes, we have IT support who can provide technical assistance during business hours (their details are provided below). We also have a comprehensive user guide document that is accessible with the digital Handbook. To access it, click the "Resources" tab at the top of the ICA home page.