Liability for the Engineering Profession. The Institution of Engineers, Australia. Submission to the Principles Based Review of the Law of Negligence

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Liability for the Engineering Profession. The Institution of Engineers, Australia. Submission to the Principles Based Review of the Law of Negligence"

Transcription

1 Liability for the Engineering Profession The Institution of Engineers, Australia Submission to the Principles Based Review of the Law of Negligence August 2002 Contact: Leanne Hardwicke Director, Public Policy Institution of Engineers, Australia, 11 National Circuit, Barton ACT 2601 tel. (02) , fax. (02)

2 1. INTRODUCTION The Institution of Engineers, Australia (IEAust) is the peak body for engineering practitioners in Australia. IEAust embraces all members of the engineering team, all disciplines of engineering and has representatives in most universities, research institutes and industry sectors. It is Australia's largest and most diverse engineering association, with around 65,000 members. The submission by IEAust is made in response to the following terms of reference for the Review of the Law of Negligence. 2 Develop and evaluate principled options to limit liability and quantum of awards for damages. 3(d) 3(e) Develop and evaluate options for a requirement that the standard of care in professional negligence matters (including medical negligence) accords with the generally accepted practice of the relevant profession at the time of the negligent act or omission. Develop proposals to replace joint and several liability with proportionate liability in relation to personal injury and death, so that if a defendant is only partially responsible for damage, they do not have to bear the whole loss. 5 Develop and evaluate options for a limitation period of 3 years for all persons, while ensuring appropriate protections are established for minors and disabled persons. The submission is divided into the following sections: 1. Commencement and length of limitation period 2. Contribution issues 3. Limitation of quantum of liability 4. Standard of care in professional negligence matters The submission focuses primarily on the impacts of the current legal environment on the engineering profession. Throughout the submission, the term practitioner is used to describe a member of the engineering profession. However, many of the issues raised are also applicable to other professions. The response to the terms of reference has been drawn from members views, which have been expressed to IEAust for quite some time. In testing the currency of these views, IEAust undertook a major survey of members in late 2001 (the 2001 survey) to determine members most recent experiences and views on liability and insurance issues. The survey results provided a comprehensive picture of the views of the engineering profession with regard to the issues being considered by the review panel. IEAust notes that the review is primarily focused on examining a method for the reform of the common law, with the objective of limiting liability and quantum of damages arising from personal injury and death. IEAust takes the view that any reforms that apply to personal injury and death related actions, should also apply to other claims for economic loss, property damage and the like. Institution of Engineers, Australia August 2002 Page 1

3 A further point that must be made is Australia has a highly mobile population. It is important that members of the community are able to rely on having the same rights regardless of the jurisdiction in which they reside. It is important that suppliers of goods and services have the same liabilities regardless of the jurisdiction in which they trade. This is particularly true when the physical location of the supplier is not in the same jurisdiction as the recipient. The differing liability laws in each jurisdiction, and sometimes within each jurisdiction with regard to different products and services, creates difficulties for suppliers and manufacturers of goods and services in Australia. A consistent approach needs to be taken by the Commonwealth and all State and Territory Governments. Consistency in legislation across the nation brings with it more certainty for the majority of businesses that practice interstate and for consumers in those jurisdictions. IEAust strongly recommends that this issue be handled with a view to harmonising the limitation laws across Australia. It is suggested that a model Act be produced which covers all actions for negligence, and for issues under the Trade Practices and Fair Trading Acts for States and Territories and the Commonwealth to adopt. Summary of recommendations IEAust strongly believes that the following reforms must be introduced: 1. The introduction of a limitation on the time a professional is liable. The limitation period should be consistent between all types of actions, based on the conduct act or omission of the defendant (rather than an accrual approach to the cause of action). 2. That the limitation period be the lesser of: 3 years after the date on which the plaintiff first knew, or ought to have known: that the injury had occurred; that the injury was attributable to the conduct of the defendant; and that the injury warranted bringing a proceeding; or 10 years after the date on which the conduct, act or omission giving rise to the claim occurred. 3. The replacement of joint and several liability with proportional liability, so that professionals are not asked to assume more than their share of responsibility. 4. The liability should be proportionate to each defendant s degree of fault, and as such, rights to contribution among tortfeasors should be excluded. A proportionate liability system would allow the Court to make a finding as to the total damages suffered by the plaintiff and to make an apportioned award against those wrongdoers who are a party to the proceedings, with a notional allocation against absent wrongdoers. 5. The introduction of limitation of quantum of liability by means of a statutory cap, to ensure that the compensation given for all actions, including personal injury and death, contractual or tortious breaches, or actions under the Trade Practices Act does not exceed the professional s capacity for professional indemnity insurance. Institution of Engineers, Australia August 2002 Page 2

4 6. That the statutory capping scheme for professional be based on a Professional Standards Act that focuses on the professional: being registered; being competent to practice, and undergoing competency based assessment before registration; maintaining high standards of practice; undertaking continuing professional development activities to ensure the practitioner remains up to date; having adequate risk management practices in place; and carrying adequate levels of professional indemnity insurance. 7. The standard of care required of an engineer should be based on the standards that were applicable at the time the service was delivered. The standard of care should be determined by the profession, and should accord with the generally accepted practice of the profession at the time of the negligent act or omission. 8. In determining the standard of care, the court must employ experts to determine what are the required standards, and must employ expert witnesses that are responsible to the court rather than to either party to the action. Each measure is worthwhile on its own, but the full benefit to the community will not be realised until all are in place. 2. COMMENCEMENT AND LENGTH OF LIMITATION PERIOD Statutes of limitation set the time limits for bringing court proceedings. The time within which the plaintiff must commence an action is the limitation period. These limitation periods were enacted to discourage plaintiffs from taking an unreasonable length of time to commence proceedings to enforce a right. The limitation periods have been imposed for the following reasons: Fairness so that a potential defendant should not be subject to an indefinite threat of being sued; and that delay in bringing actions may unfairly prejudice the defendant s ability to contest the claim. Certainty so that people can feel confident about arranging their affairs in the knowledge that a claim can no longer be brought against them. Limitation periods provide a means to assess the potential degree of exposure of a practitioner. Public policy where it is in the interests of the public to have disputes resolved as quickly as possible, and it is less difficult for a court to achieve a just result where the reliability of evidence has not been affected by time. Unfortunately, the developments in the area of statutes of limitations have negated these reasons. The major problem for engineers relates to the period of time in which a practitioner will remain liable for faults that emerge in completed products or delivered services. A further problem is that different actions are subject to different limitation periods, which creates uncertainty with plaintiffs and defendants alike. Institution of Engineers, Australia August 2002 Page 3

5 Commencement of limitation period IEAust recognises that any limitation on when a plaintiff may take action will sometimes create harsh results, especially for latent damage, where a potential claimant may not have had the opportunity to become aware of the facts before the expiration of the limitation period. For instance, damage as a result of defective building materials used during construction may not become apparent for some time, and damage resulting from negligent design or inspection may also remain hidden. As well, loss caused by negligent advice may not become apparent until a significant period of time has elapsed. However, in jurisdictions where the limitation period begins at the time the damage becomes discoverable, severe problems occur. In these instances, the term during which litigation is possible begins at the time the fault became apparent or should have become apparent, as opposed to when the original product was created or the service delivered. Liability may therefore exist long after a practitioner has retired. This exposure puts pressure on practitioners to adopt an unduly conservative approach to the delivery of products and services. Industry sources have suggested that such undue aversion to risk, together with the increasing direct costs of insurance premiums, is having an adverse impact on both the initial and life cycle costs of the products and services. There is less innovation in product and service design in an environment where practitioners are placed in high and prolonged risk situations. Additionally, there is a detriment to the community where retired practitioners do not continue to carry insurance after retirement, thereby going bare. In this situation, the consumer is left with uncertainty if there is a claim, as this will depend entirely on the value of the assets of the retired practitioner. As many practitioners are setting up their affairs to divest themselves of assets due to risk, there may be no assets available to allow the payment of a claim. IEAust favours a modification of statutes of limitation in respect of professional services to reflect a definite commencement date for the period during which litigation may be initiated to recover actual loss or damages. Limitation laws must be balanced so as not to take away rights of potential plaintiffs, however, a potential defendant should not be subject to an indefinite threat of being sued. This is especially true in today s environment with increased awards for damages. Threats of open-ended liability do not allow the providers of goods and services to properly assess their potential liability. This generally means higher insurance costs, which are inevitably passed on to consumers through higher prices and increased costs of goods and services. Engineers a generally act as part of a team when delivering services, and may complete their work long before a project is complete. The majority of IEAust members surveyed in 2001 felt that the defined period should start from the point at which delivery of the professional services was effectively completed (76%), while a minority felt that the defined period should start when the end product has been completed (19%). All members believed that there should be a more definite limitation on the time a practitioner can be held liable for negligent actions. Institution of Engineers, Australia August 2002 Page 4

6 Length of limitation period In responding to the 2001 survey, members opinions diverged on how long the defined period should be. A quarter felt that no more than three years should be adequate (25%). A similar proportion nominated five years (28%). However most suggested a period between six and ten years (38%). The average preferred length was 5.7 years. IEAust believes that there should be a limitation period of general application for common law claims, which is to be the lesser of: 3 years after the date on which the plaintiff first knew, or ought to have known: that the injury had occurred; that the injury was attributable to the conduct of the defendant; and that the injury warranted bringing a proceeding; or 10 years after the date on which the conduct, act or omission giving rise to the claim occurred. If implemented, this provides a final cut off date of 10 years for any action (except in special circumstances where the court should have power to extend the period), thereby providing certainty. IEAust is of the view that a 10 year period would be sufficient, given that this is the period of limitation in many other pieces of legislation in other jurisdictions for specific types of actions, particularly in the building and construction area. As well, it would enable most plaintiffs to commence proceedings, since by that time, there would be few remaining claims. The 2001 survey also measured support for the introduction of legislation that limited exposure to liability to a defined period if certain requirements were imposed on practitioners. Support for the legislation was strongest under the requirement that members be registered with a professional association (92% support). Eight out of ten members supported the legislation if there was a requirement for set levels of professional indemnity insurance (82%), and members had to undertake continuing professional development and this was audited (77%). Cause of action In many jurisdictions, limitation laws provide that the time specified as the limitation period for a claim will begin to run when the cause of action arises or accrues. The cause of action is a factual situation that gives rise to the right to sue, and includes every fact that is necessary for the plaintiff to prove to succeed in the action. Some of the advantages put forward for this approach are that: It provides certainty, in that when a cause of action accrues is generally settled by common law. It accrues when the cause of action is complete. It is a flexible approach, in that it can adapt to changing circumstances (ie when the damage becomes discoverable). Institution of Engineers, Australia August 2002 Page 5

7 However, there are disadvantages to the accrual rule. Anecdotal evidence indicates that establishing the date of a cause of action in a court is an exercise in fantasy and opportunism and clearly highly productive of costs, both to the court system and the parties. Establishing the date of a cause of action is neither readily ascertainable nor certain. Another major disadvantage is that different causes of action may accrue at different times. Since the same factual situation may give rise to more than one cause of action, there may be different limitation periods. This results in inconsistency and confusion. For instance, liability in tort and contract can coexist. However, the cause of action in contract arises when the contract is breached, whereas in tort, it arises when the damage occurs. Different limitation periods create a complex and less efficient system. IEAust believes that the trigger event should be the conduct, act or omission of the defendant. This is on the basis that it is easily understood as compared to the notion of accrual, and there is more certainty, as the limitation period commences at a particular point in time. It also removes the problem of different limitation periods in alternative actions. IEAust has not addressed the issue of exemptions from the limitation period, but believes that some judicial discretion to extend the limitation period should be allowed, so that serious and extreme hardship is not caused to plaintiffs, and where it is in the interests of justice to do so. 3. CONTRIBUTION ISSUES - JOINT AND SEVERAL LIABILITY V PROPORTIONATE LIABILITY The provision of engineering services often requires the engineer to be part of a team for the delivery of a project. This creates special circumstances with respect to the level of liability of the engineer. The system of joint and several liability allows that each person who has contributed to the plaintiffs loss may be liable to the plaintiff for the entire amount of the loss suffered, irrespective of the person s share of responsibility for the loss. Claims can be progressed even where a practitioner has contributed little or nothing to the critical decisions that led to the loss, and where there may be no question of professional negligence. Therefore, actions are taken against the member of the service team with the most assets and/or insurance cover, rather than the person or organisation mainly responsible for the problem (the deep pocket syndrome). A further effect of the joint and several liability system is the greenmail effect, where practitioners tend to settle out of court, even where they may have good claims and defences against major claims of negligence and/or did not cause the damages claimed. Any limitation scheme must ultimately be fair to all parties and must take into account that those with valid claims have an opportunity to obtain compensation for loss suffered as a result of a breach of duty by the practitioner. Australia s engineers accept that they must bear the responsibility for negligence and acknowledge that members of the community are entitled to recover reasonable damages where the practitioner has been negligent. However, they should not be asked to bear unlimited or disproportionate liability. Institution of Engineers, Australia August 2002 Page 6

8 The majority of engineers surveyed in 2001 were dissatisfied with the current joint and several liability system. There was extremely high in-principal support for the need to change the current system and support for a proportionate liability system was almost universal (98%). Members of IEAust favour a model that replaces the doctrine of joint and several liability with a statutory mechanism, in which damages are distributed by the courts or by a specialised tribunal in proportion to the assessed contribution of each party to the problem. Some jurisdictions have legislation that allows defendants to claim contribution if the plaintiff s action is successful. There is usually a limitation period attached to the right to claim contribution. However, these types of contribution schemes can be particularly complex and confusing. IEAust s preferred model is the introduction of proportionate liability, particularly for actions for negligence causing property damage or purely economic loss. The liability should be proportionate to each defendant s degree of fault, and as such, rights to contribution among tortfeasors should be excluded. A proportionate liability system would allow the Court to make a finding as to the total damages suffered by the plaintiff and to make an apportioned award against those wrongdoers who are a party to the proceedings, with a notional allocation against absent wrongdoers. The defendant must be allowed to join other concurrent wrongdoers to the proceedings. In this way, all possible parties can be brought into one set of proceedings. 4. LIMITATION OF QUANTUM OF LIABILITY The problems of an unlimited liability environment In an unlimited liability environment, there are difficulties for the community and the professional alike. Some issues of major concern to engineers as professionals and members of the community are: uncertainty for clients; the consequences of undue exposure to financial risk for professionals; and the affordability of insurance cover. Where there is unlimited liability, there is uncertainty for the claimant as to whether the claim will be met. Most practitioners (as opposed to clients) will decide on the level of insurance cover that they will take (if any). If a major claim is made against the practitioner, or where there is a substantial gap between what is insured and the claim, this may have to be met through the realisation of the practitioner s or his/her partner s assets. This, even then, may not cover the amount of the claim. Therefore, there is no certainty for clients with respect to how much of the claim can be satisfied, as it depends entirely on the practitioner s level of insurance and the value of their personal assets. In this situation, not only does the client lose, but this may also force the practitioner to become bankrupt. It is not in the public interest to force practitioners out of practice in such circumstances. Institution of Engineers, Australia August 2002 Page 7

9 In an unlimited environment, undue exposure to financial risk may well lead the practitioner to conduct the practice in an over cautious manner to the client s detriment. The practitioner may be reluctant to propose innovative solutions for the client, and this may, in turn, result in higher costs. Additionally, an increasing number of practitioners are arranging their affairs so assets are not held in their names. Under such arrangements, and where professional indemnity insurance is expensive, practitioners may choose to forgo any form of insurance, thereby providing no assets or insurance for the plaintiff to claim against. The reduced affordability of insurance cover is having a significant effect on the professional and consumer alike. There are difficulties in obtaining adequate and affordable professional indemnity insurance based on the increase in quantum and number of claims. Insurance companies are not able, or are unwilling, to underwrite such risks without substantial premiums. This is based on the problems of unpredictability and the difficulty of pricing unlimited liability. Insurers argue that there is a direct correlation between the price of premiums and claims history. However, because insurers price their premiums before the costs materialise, current activity in the tort system has a more subtle than direct impact on decision making. More important to insurers premium rates are their perceptions, and there is a perception that there will be an expansion of potential liability with professional services. Therefore, insurers have raised their premiums in order to cover the risk of a small minority of very high claims, which is then passed on to the consumer through higher professional fees. On the basis that insurance mechanisms are no longer functioning effectively, and are placing an undue burden on the professional and providing uncertainties for claimants in an unlimited liability situation, IEAust supports the introduction of a statutory limit on the quantum of liability, particularly for professional services. Limitation of professional liability schemes Limiting professional liability by monetary limit provides benefits to the community and professionals alike, taking into account social and public policy issues. Any limitation scheme must ultimately benefit the client and must take into account that those with valid claims have an opportunity to obtain compensation for loss suffered as a result of a breach of duty by the professional. The scheme must also provide the professional with a reasonable opportunity to ensure the liability can be met. The limitation must be reasonable, in that any likely claim from the substantial majority of claimants can be met within the limitation. A scheme can be for either exclusion of personal liability subject to satisfactory capital and insurance requirements or a monetary limit (statutory cap). Exclusion of personal liability would require the professional practitioner to have a minimum capital reserve and insurance up to a minimal level. In the event of a claim, the claim could firstly be satisfied by insurance and, if exhausted, from the prescribed capital and the assets of the firm. There would be no claim against the personal assets of the professional. Institution of Engineers, Australia August 2002 Page 8

10 The benefits of this type of scheme overcome many of the problems associated with an unlimited liability environment, but would cause the firm to become insolvent if the claim exceeded the insurance and capital reserve and assets of the firm. A statutory cap is, in some respects, the most controversial of all schemes, since in many cases, all losses above the cap will be borne by the client. This is arguably unjust. However, the question is moot if, under the current unlimited situation, there is no money to satisfy the debt and no insurance. If the cap is set high enough to properly compensate the majority of clients, and operates in tandem with mandatory professional indemnity insurance, the net result should be equitable from the point of view of the community as a whole. It has been argued that the overall effect of capping would be to reduce the pool of assets legally available to compensate plaintiffs. This is not necessarily the case, and is likely to become even less true with practitioners arranging their affairs so assets are not held in their names. In view of this, and as commercial insurance becomes more expensive and larger firms opt for self-insurance, the real pool of available assets decreases. It has also been argued that capping would reduce incentives to maintain high professional standards. This depends entirely on how the scheme is introduced. The applicability of a scheme can very easily be linked to membership of a professional organisation that requires high standards of membership and adequate disciplinary measures that may be taken against their members. For instance, the key elements of a limitation scheme should focus on the professional: being registered; being competent to practice, and undergoing competency based assessment before registration; maintaining high standards of practice; undertaking continuing professional development activities to ensure the practitioner remains up to date; having adequate risk management practices in place; and carrying adequate levels of professional indemnity insurance. All of these matters would be capable of audit. In the 2001 survey, members attitudes to such schemes were tested. Considerable support was given for a Professional Standards Scheme, which would set an upper limit on the amount a practitioner was liable for in the event of an action being taken against them. In general, respondents indicated they would be prepared to meet certain requirements in order to limit the amount of liability. Most respondents were comfortable with the necessity to: register with an appropriate body such as a professional association (96% would be prepared to do this to limit the amount of liability in the event of a claim) or a government body (78%) or a professional register; have professional indemnity insurance (94%); undertake specific risk management training (80%). Institution of Engineers, Australia August 2002 Page 9

11 The level of the limit was another issue tested in the survey. Most practitioners surveyed agreed that the limit should be set in proportion to the level of fees for a particular project (83%). Just over a third felt that the limit should be set at a figure in proportion to their turnover (37%). 28% of members supported both approaches to determining the limit. Western Australia and New South Wales have introduced Professional Standards legislation to overcome some of the difficulties inherent in an unlimited liability environment. IEAust believes that, to be fully effective, this type of legislation should be introduced in all Australian jurisdictions. However, there are still some limitations in the Professional Standards Acts, which were factors in the low take up rate by engineers in NSW. Some of the major inhibitors to practitioners taking advantage of such legislation include the following: The Acts deliberately exclude liability for death and personal injury from any limitation that applies. Therefore practitioners must still insure against this liability, which often curtails potential savings from the cost of insurance. There is a view that the limits on liability provided by the Act may be by-passed by actions brought under the Trade Practices Act. Progress in other jurisdictions is slow. Without national coverage (ie consistent across the Commonwealth), the benefits of the legislation are weakened considerably. A right to unlimited damages is of no comfort to consumers when practitioners are underinsured, uninsured or divested of assets. This common situation imposes an arbitrary, inadequate cap. Professional standards legislation provides a limit that is properly found and is adequate for protecting consumers. A harsh liability environment is not in the public interest and does not provide an incentive for professionals to perform diligently. Professional standards schemes offer incentives to practitioners to increase their focus on reducing risk through risk management strategies and improving standards of practice. A scheme of limited liability provides some guarantee of payment for the vast majority of claimants, which outweighs any argument for unlimited liability with no certainty of payment in many instances. Professional standards schemes offer practitioners the incentive to increase their focus on reducing risk through risk management strategies and improving standards of practice. 5. STANDARD OF CARE IN PROFESSIONAL NEGLIGENCE MATTERS IEAust fully supports the current proposal being considered by the NSW Government to introduce legislation to make more certain the standard of care required of professionals. IEAust members strongly believe that the standard of care required of an engineer should be based on the standards that were applicable at the time the service was delivered. The standard of care should be determined by the profession, and should accord with the generally accepted practice of the profession at the time of the negligent act or omission. An issue that is closely related to the standard of care required of a professional is the role of expert evidence in civil proceedings. In determining the standard of care, the court must employ experts to determine what are the required standards. Institution of Engineers, Australia August 2002 Page 10

12 IEAust believes that the role of the expert witness in litigation is to assist a court in the administration of justice by providing an opinion or factual information based on the expert s competence in a subject that is outside the knowledge, skill or experience of most people. It follows that the opinion is only useful if it is based on the expert s area of competence, includes all relevant matters and is impartial and dispassionate. Therefore, the primary duty of an expert is to the court. An expert is subject to the normal duty in respect of evidence of fact to be complete, accurate and truthful. The expert owes a second duty to the body of knowledge and understanding from which his or her expertise is drawn. This implies recognition of its limitations, since the outcome of litigation is likely to influence the practical application of such knowledge and understanding in the future. It also implies dealing with the opinions of other competent experts in a respectful manner. It is important to the overall process that the integrity of the processes by which knowledge is acquired and understanding developed should not be degraded. The expert witness owes a third duty to the party who has sought his or her advice. That duty is to provide the advice in the context of the first and second duties above, which implies that the expert should not be an advocate for a party. IEAust is strongly supportive of a common set of rules throughout Australia, in line with the practice direction issued by the Federal Court of Australia and the Law Council of Australia. Addressing this will assist courts in determining what the standard of care required of a professional should be. Institution of Engineers, Australia August 2002 Page 11

Limitation of Liability

Limitation of Liability Limitation of Liability Submission to the Attorney-General (Western Australia) July 2000 The Institution of Engineers, Australia Institution of Engineers, Australia 11 National Circuit, Barton, ACT, 2604

More information

Insurance and Liability for the Engineering Profession in Western Australia. The Institution of Engineers, Australia

Insurance and Liability for the Engineering Profession in Western Australia. The Institution of Engineers, Australia Insurance and Liability for the Engineering Profession in Western Australia The Institution of Engineers, Australia Submission to the Premier of Western Australia October 2002 Contact: Richard Usher, Director

More information

Insurance and Liability for the Engineering Profession. The Institution of Engineers, Australia

Insurance and Liability for the Engineering Profession. The Institution of Engineers, Australia Insurance and Liability for the Engineering Profession The Institution of Engineers, Australia Submission to the Senate Economics References Committee Inquiry into Public Liability and Professional Indemnity

More information

Proportionate Liability Northern Territory

Proportionate Liability Northern Territory 1. Proportionate liability national approach On 27 February 2004, the national Ministerial forum on Insurance Issues comprising representatives from the Commonwealth, the States, the Northern Territory

More information

CHBA Briefing Note on Liability in the Residential Building Industry

CHBA Briefing Note on Liability in the Residential Building Industry CHBA Briefing Note on Liability in the Residential Building Industry Introduction Objectives The objective of this report is to present some recent developments in Canada on the topic of liability in the

More information

LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001

LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001 1 LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001 EXPLANATORY NOTES GENERAL OUTLINE OBJECTIVES OF THE LEGISLATION The purpose of this Bill is to address the impact of the decision of the High

More information

Professional Indemnity Insurance Glossary of Terms

Professional Indemnity Insurance Glossary of Terms Professional Indemnity Insurance Glossary of Terms Index Aggregation of claims Automatic reinstatement Average provision Cancellation Civil liability Claim Claims made Consumer protection legislation Continuous

More information

Australian Proportionate Liability Regime

Australian Proportionate Liability Regime Australian Proportionate Liability Regime May 2014 16 NOVEMBER 2011 Curwoods Lawyers Australia Square Plaza Building Level 9, 95 Pitt Street SYDNEY NSW 2000 t +61 2 9231 4166 f +61 2 9221 3720 CURWOODS

More information

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza

More information

ENVIRONMENT INSTITUTE OF AUSTRALIA SUBMISSION- SENATE ECONOMIC REFERENCES COMMITTEE INQUIRY- PUBLIC LIABILITY AND PROFESSIONAL INDEMNITY INSURANCE

ENVIRONMENT INSTITUTE OF AUSTRALIA SUBMISSION- SENATE ECONOMIC REFERENCES COMMITTEE INQUIRY- PUBLIC LIABILITY AND PROFESSIONAL INDEMNITY INSURANCE ENVIRONMENT INSTITUTE OF AUSTRALIA SUBMISSION- SENATE ECONOMIC REFERENCES COMMITTEE INQUIRY- PUBLIC LIABILITY AND PROFESSIONAL INDEMNITY INSURANCE Contact Details: Executive Director Environment Institute

More information

NATIONAL INSURANCE BROKERS ASSOCIATION OF AUSTRALIA (NIBA) Submission to WorkCover Western Australia. Legislative Review 2013

NATIONAL INSURANCE BROKERS ASSOCIATION OF AUSTRALIA (NIBA) Submission to WorkCover Western Australia. Legislative Review 2013 NATIONAL INSURANCE BROKERS ASSOCIATION OF AUSTRALIA (NIBA) ABOUT NIBA Submission to WorkCover Western Australia Legislative Review 2013 February 2014 NIBA is the peak body of the insurance broking profession

More information

APPENDIX B: RECOMMENDATIONS TO BE IMPLEMENTED ON A NATIONALLY CONSISTENT BASIS

APPENDIX B: RECOMMENDATIONS TO BE IMPLEMENTED ON A NATIONALLY CONSISTENT BASIS APPENDIX B: RECOMMENDATIONS TO BE IMPLEMENTED ON A NATIONALLY CONSISTENT BASIS Implementation of the Panel's Recommendations A national response Recommendation 1 The Panel's recommendations should be incorporated

More information

Bar Council response to the Reducing Legal Costs in Clinical Negligence Claims pre-consultation paper

Bar Council response to the Reducing Legal Costs in Clinical Negligence Claims pre-consultation paper Bar Council response to the Reducing Legal Costs in Clinical Negligence Claims pre-consultation paper 1. This is the response of the General Council of the Bar of England and Wales (the Bar Council) to

More information

10.4 The ICF and accident compensation in Australia

10.4 The ICF and accident compensation in Australia 10.4 The ICF and accident compensation in Australia John Walsh, Actuarial, PricewaterhouseCoopers Address for correspondence: john.e.walsh@au.pwcglobal.com Abstract This paper briefly describes the Australian

More information

WORKCOVER QUEENSLAND AMENDMENT BILL 2002

WORKCOVER QUEENSLAND AMENDMENT BILL 2002 1 WORKCOVER QUEENSLAND AMENDMENT BILL 2002 EXPLANATORY NOTES GENERAL OUTLINE Objectives of the legislation To provide for miscellaneous amendments to the WorkCover Queensland Act 1996. Reason for the Bill

More information

CLAIMS MANAGEMENT POLICY

CLAIMS MANAGEMENT POLICY GWASANAETHAU AMBIWLANS CYMRU YMDDIRIEDOLAETH GIG WELSH AMBULANCE SERVICES NHS TRUST CLAIMS MANAGEMENT POLICY Clinical Negligence, Personal Injury, Losses and Compensation Claims Approved by Date Review

More information

COAG National Legal Profession Reform Discussion Paper: Professional Indemnity Insurance

COAG National Legal Profession Reform Discussion Paper: Professional Indemnity Insurance COAG National Legal Profession Reform Discussion Paper: Professional Indemnity Insurance Introduction Professional indemnity insurance is insurance that:... indemnifies professional people accountants,

More information

Avant Mutual Group Limited

Avant Mutual Group Limited Avant Mutual Group Limited Submissions on Draft Report of the Victorian Competition and Efficiency Commission s Inquiry into Aspects of the Wrongs Act 1958 1. Key points and general comments Avant does

More information

Avant welcomes the opportunity to provide input into the Productivity Commission s draft report on Access to Justice Arrangements.

Avant welcomes the opportunity to provide input into the Productivity Commission s draft report on Access to Justice Arrangements. 21 May 2014 Access to Justice Productivity Commission GPO Box 1428 Canberra City ACT 2601 Access to Justice Arrangements Draft Report Avant welcomes the opportunity to provide input into the Productivity

More information

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 An Act to reform the law relating to contributory negligence and the apportionment of liability; to amend the

More information

Bill 34 The New Limitation Act: Significant Changes and Transition Issues Explained

Bill 34 The New Limitation Act: Significant Changes and Transition Issues Explained Bill 34 The New Limitation Act: Significant Changes and Transition Issues Explained A Presentation for CLE Employment Law Conference 2013 Pan Pacific Hotel Vancouver, BC May 9, 2013 Carman J. Overholt,

More information

requiring the insurers of the firm ceasing practice to continue insuring that firm for a prescribed period, or

requiring the insurers of the firm ceasing practice to continue insuring that firm for a prescribed period, or The Succeeding Practice Rule The professional indemnity insurance regulations are designed to prevent situations whereby a client s valid claims are not covered by any professional indemnity insurance

More information

Legislative Council Panel on Trade and Industry. Civil Liability for Unsafe Products

Legislative Council Panel on Trade and Industry. Civil Liability for Unsafe Products For discussion on 6 December 1999 Introduction Legislative Council Panel on Trade and Industry Civil Liability for Unsafe Products This paper consults Members on the proposal to introduce a Bill on Civil

More information

LEGAL COSTS IN SOUTH AUSTRALIA'S WORKERS' COMPENSATION SCHEME

LEGAL COSTS IN SOUTH AUSTRALIA'S WORKERS' COMPENSATION SCHEME BLAKE DAWSON WALDRON SOLICITORS LEGAL COSTS IN SOUTH AUSTRALIA'S WORKERS' COMPENSATION SCHEME February 1997 Workcover Corporation,. Library Worl(Cove _. i00,waymouth Street toz.v.,.;4.'rk:iilatil Adelaide

More information

many activities to be undertaken that would not otherwise take place, and is an effective mechanism for pooling and transferring risk.

many activities to be undertaken that would not otherwise take place, and is an effective mechanism for pooling and transferring risk. 9 March 2015 Royal Commission into Institutional Responses to Child Sexual Abuse Submitted by email: redress@childabuseroyalcommission.gov.au Dear Sir/Madam CONSULTATION PAPER: REDRESS AND CIVIL LITIGATION

More information

PROTECTING CONSUMERS OF PROFESSIONAL SERVICES

PROTECTING CONSUMERS OF PROFESSIONAL SERVICES PROTECTING CONSUMERS OF PROFESSIONAL SERVICES Urgent reform for professions and trades Blueprint for a nationally consistent approach by the States and Territories to address the market failure in professional

More information

Civil Law (Wrongs) (Proportionate Liability and Professional Standards) Amendment Act 2004

Civil Law (Wrongs) (Proportionate Liability and Professional Standards) Amendment Act 2004 Australian Capital Territory Civil Law (Wrongs) (Proportionate Liability and Professional Standards) Amendment Act 2004 Contents Page 1 Name of Act 2 2 Commencement 2 3 Legislation amended 2 4 New chapter

More information

The Foundation of the International Association of Defense Counsel SURVEY OF INTERNATIONAL LITIGATION PROCEDURES: A REFERENCE GUIDE

The Foundation of the International Association of Defense Counsel SURVEY OF INTERNATIONAL LITIGATION PROCEDURES: A REFERENCE GUIDE Responses submitted by: Name: Roddy Bourke Law Firm/Company: McCann FitzGerald Location: Dublin, Ireland 1. Would your jurisdiction be described as a common law or civil code jurisdiction? The Republic

More information

MONTANA SELF INSURERS ASSOCIATION

MONTANA SELF INSURERS ASSOCIATION MONTANA SELF INSURERS ASSOCIATION Executive Director Bob Worthington Board of Directors Rick Clark Plum Creek Timber Co Tim Fitzpatrick MT Schools Group Donna Haeder NorthWestern Corp Marv Jordan MT Contractors

More information

Paper in response to the issues raised in the Panel on Administration of Justice and Legal Services meeting on 26 April 2004

Paper in response to the issues raised in the Panel on Administration of Justice and Legal Services meeting on 26 April 2004 LC Paper No. CB(2)2582/03-04(01) Paper in response to the issues raised in the Panel on Administration of Justice and Legal Services meeting on 26 April 2004 Review of Professional Indemnity Scheme of

More information

Chapter 26. Litigation guardians. CONTENTS Introduction 570 Current law 570 Community responses 571 The Commission s views and conclusions 573

Chapter 26. Litigation guardians. CONTENTS Introduction 570 Current law 570 Community responses 571 The Commission s views and conclusions 573 6 CONTENTS Introduction 570 Current law 570 Community responses 571 The Commission s views and conclusions 573 569 Introduction 26.1 This chapter deals with the ability of substitute decision makers to

More information

Civil Liability Amendment (Personal Responsibility) Bill 2002

Civil Liability Amendment (Personal Responsibility) Bill 2002 Passed by both Houses New South Wales Civil Liability Amendment (Personal Responsibility) Bill 2002 Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Civil Liability Act 2002 No 22 2 4 Consequential

More information

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95 New South Wales Motor Accidents Compensation Amendment (Claims and Dispute Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Amendment of other

More information

A Comprehensive Guide to Tort Law Reform throughout Australia. Mark Doepel, Partner Chad Downie, Solicitor

A Comprehensive Guide to Tort Law Reform throughout Australia. Mark Doepel, Partner Chad Downie, Solicitor A Comprehensive Guide to Tort Law Reform throughout Australia Mark Doepel, Partner Chad Downie, Solicitor Australian Tort Law Reform Contents Introduction 2 Legislative developments by the States and Territories

More information

ALRC 75 Costs Shifting who pays for litigation

ALRC 75 Costs Shifting who pays for litigation ALRC 75 Costs Shifting who pays for litigation Contents Terms Of Reference Overview 1. INTRODUCTION This review Access to justice The Commission's review process Costs allocation rules in all Australian

More information

CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS

CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS Section Title 1. Short title and application. 2. Interpretation. PART I PRELIMINARY

More information

Limiting liability for professional firms

Limiting liability for professional firms Limiting liability for professional firms Introduction Disputes can arise between providers of professional services and their clients or other (third) parties for a number of reasons. Limiting or excluding

More information

Productivity Commission inquiry into a long term disability care and support scheme. Avant Mutual Group submission

Productivity Commission inquiry into a long term disability care and support scheme. Avant Mutual Group submission Productivity Commission inquiry into a long term disability care and support scheme Background Avant Mutual Group submission Avant Mutual Group Limited (Avant) is Australia's largest medical defence organisation

More information

ADDRESSING SPECIFIC ISSUES IN TAX

ADDRESSING SPECIFIC ISSUES IN TAX Chapter 8 ADDRESSING SPECIFIC ISSUES IN TAX ADMINISTRATION Problems identified in previous chapters have often shown up as part of the operation of the tax administration. The pressure created on the operation

More information

Common law in the workers compensation setting

Common law in the workers compensation setting Briefing paper for SISA members February 2014 Contact: Robin Shaw, Manager Ph: 8232 0100 Fax: 8232 0113 Mobile: 0411 778 251 Contents Introduction... 1 Background... 2 Common law in the workers compensation

More information

Australian Insurance Market 2003

Australian Insurance Market 2003 Australian Insurance Market 2003 Christopher Coyne Partner - Clayton Utz Brisbane - Queensland - Australia Australian insurance market Professional Indemnity ("PI") and Public Liability ("PL") insurance

More information

Explanatory Paper TPB(EP) 03/2010

Explanatory Paper TPB(EP) 03/2010 Explanatory Paper TPB(EP) 03/2010 Professional Indemnity Insurance This TPB explanatory paper (TPB(EP)) is intended as information only. It provides a detailed explanation of the Board s professional indemnity

More information

Small Business Grants (Employment Incentive) Act 2015 No 14

Small Business Grants (Employment Incentive) Act 2015 No 14 New South Wales Small Business Grants (Employment Incentive) Act 2015 No 14 Contents Page Part 1 Part 2 Preliminary 1 Name of Act 2 2 Commencement 2 3 Object of Act 2 4 Definitions 2 Grant scheme 5 Grant

More information

LIMITATION OF CERTAIN ACTIONS ACT

LIMITATION OF CERTAIN ACTIONS ACT LIMITATION OF CERTAIN ACTIONS ACT CHAPTER 7:09 Act 36 of 1997 Amended by 2 of 2000 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1 18.. L.R.O. 2 Chap. 7:09 Limitation of Certain Actions

More information

THE LIABILITY OF COMPANY DIRECTORS AND COMPETENT PERSONS FOR RESOURCE/RESERVE DISCLOSURE

THE LIABILITY OF COMPANY DIRECTORS AND COMPETENT PERSONS FOR RESOURCE/RESERVE DISCLOSURE THE LIABILITY OF COMPANY DIRECTORS AND COMPETENT PERSONS FOR RESOURCE/RESERVE DISCLOSURE ROBYN PHILLIPS Partner, Allen, Allen & Hemsley, Sydney ABSTRACT The provisions in the ASX Listing Rules which require

More information

PRIME MINISTER A NEW MEDICAL INDEMNITY INSURANCE FRAMEWORK

PRIME MINISTER A NEW MEDICAL INDEMNITY INSURANCE FRAMEWORK PRIME MINISTER A NEW MEDICAL INDEMNITY INSURANCE FRAMEWORK Today I am announcing the Government s package of measures to address rising medical indemnity insurance premiums and ensure a viable and ongoing

More information

Unfair Dismissal Overview Definitions What is a dismissal? Constructive Dismissal not What is unfair dismissal? unfairly dismissed

Unfair Dismissal Overview Definitions What is a dismissal? Constructive Dismissal not What is unfair dismissal? unfairly dismissed Unfair Dismissal Overview This module contains information on the new unfair dismissal laws and covers off the following matters: Definitions surrounding unfair dismissal The Small Business Fair Dismissal

More information

ISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS

ISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE ISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS June 2013 Legal Policy Division Department of the Attorney-General and Justice

More information

Product Liability Risks for Distributors: The Basics. Susan E. Burnett Bowman and Brooke LLP

Product Liability Risks for Distributors: The Basics. Susan E. Burnett Bowman and Brooke LLP Product Liability Risks for Distributors: The Basics Susan E. Burnett Bowman and Brooke LLP Whereas.... State laws vary widely and change frequently, Every case is different, I'm not your lawyer.. Disclaimer:

More information

Contractual assumption of liability beyond common law & your insurance cover 4. Words and phrases to be wary of 5

Contractual assumption of liability beyond common law & your insurance cover 4. Words and phrases to be wary of 5 Guide to Better Agreements for Services for Architects December 2008 This Guide has been prepared in good faith but no warranty as to the correctness of such guidance or advice is given by NZACS or its

More information

Home Building Protection Review Consultation Responses

Home Building Protection Review Consultation Responses Home Building Protection Review Consultation Responses November 2014 Contents 1 Introduction 1 2 Response overview 2 3 The insurance model 3 First resort model 4 Mandatory last resort fidelity fund 4 Voluntary

More information

Expenses and Funding of Civil Litigation Bill Consultation Response by GCC

Expenses and Funding of Civil Litigation Bill Consultation Response by GCC Expenses and Funding of Civil Litigation Bill Consultation Response by GCC (A) Speculative Fee Agreements: Q1: Do you think that a lack of cap on speculative fee agreements prevents potential pursuers

More information

Proposed changes to the Comcare scheme

Proposed changes to the Comcare scheme Proposed changes to the Comcare scheme Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014 (Cth) Submission to Senate Standing Committee on Education and Employment Inquiry into the

More information

Costs Payable in Personal Injury Claims under the Various Legislative Regimes by Paul Garrett

Costs Payable in Personal Injury Claims under the Various Legislative Regimes by Paul Garrett Costs Payable in Personal Injury Claims under the Various Legislative Regimes by Paul Garrett I was asked to deliver a paper in relation to costs which are payable under the various regimes where claimants

More information

QBE European Operations Professional liability

QBE European Operations Professional liability QBE European Operations Professional liability Disclosure of insurance details revisited QBE Professional Liability Disclosure of insurance details revisited/november 2013 1 Disclosure of insurance details

More information

1. Introduction to Negligence

1. Introduction to Negligence 1. Introduction to Negligence You should be familiar with the following areas: l how to prove negligence l legislative reform to the law of negligence INTRODUCTION A tort exists to protect rights. The

More information

Introduction to Warranty and Indemnity Insurance 18 October 2012

Introduction to Warranty and Indemnity Insurance 18 October 2012 Introduction to Warranty and Indemnity Insurance 18 October 2012 Mergers & Acquisitions Insurance Group Adrian Furlonge Assistant Vice President Svetlana Soroka Senior Underwriter Introduction Background

More information

July 2015. New Limitation of Actions Act. Q&A p. 1-10 Transition Rules p. 11 Table of Concordance p. 12

July 2015. New Limitation of Actions Act. Q&A p. 1-10 Transition Rules p. 11 Table of Concordance p. 12 July 2015 New Limitation of Actions Act Q&A p. 1-10 Transition Rules p. 11 Table of Concordance p. 12 1 Questions and Answers For the Questions and Answers For the New Limitation of Actions Act While the

More information

TOTAL AND PERMANENT DISABILITY INSURANCE AS A SUPERANNUATION BENEFIT

TOTAL AND PERMANENT DISABILITY INSURANCE AS A SUPERANNUATION BENEFIT TOTAL AND PERMANENT DISABILITY INSURANCE AS A SUPERANNUATION BENEFIT ABOUT IUS (INTERNATIONAL UNDERWRITING SERVICES PTY LTD) IUS is a major provider of income replacement insurance to the Australian market.

More information

Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation

Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation On January 1, 2012, new rules approved by the Colorado Supreme Court entitled the Civil Access Pilot Project ( CAPP

More information

The Risk Being Accountable How Professionals can be Exposed How to Minimise the Risk

The Risk Being Accountable How Professionals can be Exposed How to Minimise the Risk The Risk Being Accountable One thing is certain reputation damage caused by litigation can be devastating. Professional consulting businesses, and individuals providing specialist expertise, are under

More information

SUBMISSION. On Reform of the Process to Apply for Bankruptcy and Compulsory Winding Up

SUBMISSION. On Reform of the Process to Apply for Bankruptcy and Compulsory Winding Up SUBMISSION On Reform of the Process to Apply for Bankruptcy and Compulsory Winding Up Introduction ICAS regulates approximately 77% of insolvency practitioners (IPs) who take appointments in Scotland.

More information

LIV Limitation of Liability Scheme Guide UPDATED AUGUST 2015

LIV Limitation of Liability Scheme Guide UPDATED AUGUST 2015 LIV Limitation of Liability Scheme Guide UPDATED AUGUST 2015 2 Professional benefits for LIV members The LIV is pleased to have in force a Limitation of Liability Scheme pursuant to the Professional Standards

More information

An Overview of the Health Care Costs Recovery Act

An Overview of the Health Care Costs Recovery Act Helping to create windows of opportunity An Overview of the Health Care Costs Recovery Act Lunch n Learn Seminar Presented by: Bruno De Vita and Kevin McLaren HEALTH CARE COSTS RECOVERY ACT, SBC 2008 c.

More information

Claims College School of Construction LEVEL 1

Claims College School of Construction LEVEL 1 Claims College School of Construction LEVEL 1 Construction Defect Liability Theories and Defenses Objectives At the end of this course, you will be able to: Describe the theories of liability and defenses

More information

Common Law: Trespass, Nuisance and Negligence

Common Law: Trespass, Nuisance and Negligence Common Law: Trespass, Nuisance and Negligence Fact Sheet 02 Updated December 2010 An Introduction to Common Law: Trespass, Nuisance and Negligence Mostly, the environmental law that we rely on to protect

More information

7 Legal services. Legislative restrictions on competition

7 Legal services. Legislative restrictions on competition 7 Legal services Legal services have an important role in ensuring justice according to the law and in the daily operations of citizens and businesses. Legal practitioners provide services in areas such

More information

Darryl S. Weiman, M.D., J.D.

Darryl S. Weiman, M.D., J.D. By Darryl S. Weiman, M.D., J.D. Federal Tort Claims Act Passed by Congress in 1946 to reduce the negative impacts of the doctrine of sovereign immunity Designed to eliminate the practice of congressman

More information

)LQDQFLDO$VVXUDQFH,VVXHV RI(QYLURQPHQWDO/LDELOLW\

)LQDQFLDO$VVXUDQFH,VVXHV RI(QYLURQPHQWDO/LDELOLW\ )LQDQFLDO$VVXUDQFH,VVXHV RI(QYLURQPHQWDO/LDELOLW\ ([HFXWLYH6XPPDU\ %\ 3URI'U0LFKDHO*)DXUH//0 DQG 0U'DYLG*ULPHDXG Maastricht University and European Centre for Tort and Insurance Law (ECTIL) Final version

More information

LIABILITY INSURANCE (with reference to Irish law and practice)

LIABILITY INSURANCE (with reference to Irish law and practice) LIABILITY INSURANCE (with reference to Irish law and practice) Syllabus for the 756 THE IRISH LEGAL SYSTEM AND CIVIL PROCEDURE outline the nature and organisation of the Irish legal system, including function

More information

CONSULTATION QUESTIONS

CONSULTATION QUESTIONS CONSULTATION QUESTIONS CHAPTER 1: PROPOSALS ARISING FROM SHERIFF PRINCIPAL TAYLOR S REVIEW A. SPECULATIVE FEE AGREEMENTS 1. Do you think that a lack of cap on speculative fee agreements prevents potential

More information

NATIONAL INSURANCE BROKERS ASSOCIATION OF AUSTRALIA (NIBA) SUBMISSION TO THE ECONOMIC REGULATION AUTHORITY

NATIONAL INSURANCE BROKERS ASSOCIATION OF AUSTRALIA (NIBA) SUBMISSION TO THE ECONOMIC REGULATION AUTHORITY NATIONAL INSURANCE BROKERS ASSOCIATION OF AUSTRALIA (NIBA) SUBMISSION TO THE ECONOMIC REGULATION AUTHORITY INQUIRY INTO WESTERN AUSTRALIA S HOME INDEMNITY INSURANCE ARRANGEMENTS ABOUT NIBA 16 August 2012

More information

THE NSW COMPULSORY THIRD PARTY GREEN SLIP INSURANCE SCHEME: SUBMISSION TO THE CONSULTATION ON THE PROPOSED REFORMS

THE NSW COMPULSORY THIRD PARTY GREEN SLIP INSURANCE SCHEME: SUBMISSION TO THE CONSULTATION ON THE PROPOSED REFORMS The Hon Greg Pearce MLC Minister for Finance & Services Minister for the Illawarra 5 April 2013 Dear Minister THE NSW COMPULSORY THIRD PARTY GREEN SLIP INSURANCE SCHEME: SUBMISSION TO THE CONSULTATION

More information

AGAINST THIRD PARTY CLAIMS

AGAINST THIRD PARTY CLAIMS COMPULSORY - INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY CLAIMS Between 1936 and 1943 all States in Australia introduced legislation to compel owners of motor vehicles to insure against liability to

More information

WorkCover claims. Report 18: 2014 15

WorkCover claims. Report 18: 2014 15 Report 18: 2014 15 Queensland Audit Office Location Level 14, 53 Albert Street, Brisbane Qld 4000 PO Box 15396, City East Qld 4002 Telephone (07) 3149 6000 Email Online qao@qao.qld.gov.au www.qao.qld.gov.au

More information

BILL NO. 64. 2nd Session, 62nd General Assembly Nova Scotia 63 Elizabeth II, 2014. An Act Respecting the Limitation of Actions

BILL NO. 64. 2nd Session, 62nd General Assembly Nova Scotia 63 Elizabeth II, 2014. An Act Respecting the Limitation of Actions BILL NO. 64 Government Bill 2nd Session, 62nd General Assembly Nova Scotia 63 Elizabeth II, 2014 An Act Respecting the Limitation of Actions CHAPTER 35 ACTS OF 2014 AS ASSENTED TO BY THE LIEUTENANT GOVERNOR

More information

Expert Medical Evidence: The Australian Medical Association s Position

Expert Medical Evidence: The Australian Medical Association s Position Expert Medical Evidence: The Australian Medical Association s Position The Australian Medical Association and its members have had an increasing interest in this field for many years, with the level of

More information

LEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND

LEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND LEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND WRITTEN SUBMISSIONS OF THE ASSOCIATION OF PERSONAL INJURY LAWYERS 1. The Association of Personal Injury

More information

TUPE 2006 Detailed Analysis

TUPE 2006 Detailed Analysis that activity is central or ancillary. Under existing case law this can include an organised group of one person! TUPE 2006 Detailed Analysis The TUPE 2006 Regulations completely replace the 1981 Regulations

More information

WORKERS COMPENSATION SUBROGATION AND THIRD PARTY SETTLEMENTS. B. Industrial Revolution and Workers Compensation Statutes

WORKERS COMPENSATION SUBROGATION AND THIRD PARTY SETTLEMENTS. B. Industrial Revolution and Workers Compensation Statutes I. HISTORICAL BACKGROUND A. Common Law WORKERS COMPENSATION SUBROGATION AND THIRD PARTY SETTLEMENTS Before the advent of workers compensation statutes, the only protection afforded to victims of work place

More information

Response of the Association of Costs Lawyers to the consultation on the impact of the Jackson reforms on costs and case management

Response of the Association of Costs Lawyers to the consultation on the impact of the Jackson reforms on costs and case management Response of the Association of Costs Lawyers to the consultation on the impact of the Jackson reforms on costs and case management 1. Introduction The Association of Costs Lawyers (ACL) broadly welcomes

More information

Massachusetts Legislature Reforms Medical Malpractice Legislation to Promote Apologies and Encourage Settlements

Massachusetts Legislature Reforms Medical Malpractice Legislation to Promote Apologies and Encourage Settlements Massachusetts Legislature Reforms Medical Malpractice Legislation to Promote Apologies and Encourage Settlements By: On November 4, 2012, a number of statutory provisions reforming the medical malpractice

More information

Optus Submission to Productivity Commission Inquiry into National Frameworks for Workers Compensation and Occupational Health and Safety

Optus Submission to Productivity Commission Inquiry into National Frameworks for Workers Compensation and Occupational Health and Safety Optus Submission to Productivity Commission Inquiry into National Frameworks for Workers Compensation and Occupational Health and Safety June 2003 Overview Optus welcomes the opportunity to provide this

More information

PUBLIC ENTITY RISK MANAGEMENT AUTHORITY MEMORANDUM OF WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE

PUBLIC ENTITY RISK MANAGEMENT AUTHORITY MEMORANDUM OF WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE PUBLIC ENTITY RISK MANAGEMENT AUTHORITY MEMORANDUM OF WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE FOR THE PERIOD JULY 1, 2015 TO JUNE 30, 2016 EFFECTIVE: JULY 1, 2015 PUBLIC ENTITY RISK MANAGEMENT

More information

NATIONAL WORKERS COMPENSATION AND OCCUPATIONAL HEALTH AND SAFETY FRAMEWORKS

NATIONAL WORKERS COMPENSATION AND OCCUPATIONAL HEALTH AND SAFETY FRAMEWORKS NATIONAL WORKERS COMPENSATION AND OCCUPATIONAL HEALTH AND SAFETY FRAMEWORKS SUBMISSION TO THE PRODUCTIVITY COMMISSION FROM THE BUSINESS COUNCIL OF AUSTRALIA 1 INTRODUCTION SUBMISSION The BCA makes the

More information

Mr Speaker, this Bill amends the Limitation Act 1974 to make it easier for a person suffering a latent disease to take action.

Mr Speaker, this Bill amends the Limitation Act 1974 to make it easier for a person suffering a latent disease to take action. SECOND READING SPEECH Limitation Amendment Bill 2013 Mr Speaker, this Bill amends the Limitation Act 1974 to make it easier for a person suffering a latent disease to take action. The time limit within

More information

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:

More information

LIABILITIES AND REMEDIES OF BOAT DEALERS, BROKERS AND REPAIRERS

LIABILITIES AND REMEDIES OF BOAT DEALERS, BROKERS AND REPAIRERS LIABILITIES AND REMEDIES OF BOAT DEALERS, BROKERS AND REPAIRERS Prepared by Christopher Giaschi An earlier version of this paper was presented at the 1995 Industry Conference and Trade Show of the British

More information

Queensland. Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2010

Queensland. Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2010 Queensland Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2010 Queensland Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2010 Contents Page

More information

Proposals for Reform of Civil Litigation Funding and Costs in England and Wales

Proposals for Reform of Civil Litigation Funding and Costs in England and Wales Proposals for Reform of Civil Litigation Funding and Costs in England and Wales Consultation Paper Response of JUSTICE February 2011 Q 1 Do you agree that CFA success fees should no longer be recoverable

More information

Title 8 Laws of Bermuda Item 67 BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS

Title 8 Laws of Bermuda Item 67 BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS 1 Interpretation 2 Savings 3 Apportionment of liability where contributory negligence 4 Defence of common employment abolished

More information

Management liability - Employment practices liability Policy wording

Management liability - Employment practices liability Policy wording Special definitions for this section Benefits Claim Defence costs The General terms and conditions and the following terms and conditions all apply to this section. Any compensation awarded to an employee

More information

NATIONAL INSURANCE BROKERS ASSOCIATION OF AUSTRALIA (NIBA) Additional Submission to WorkCover Western Australia

NATIONAL INSURANCE BROKERS ASSOCIATION OF AUSTRALIA (NIBA) Additional Submission to WorkCover Western Australia NATIONAL INSURANCE BROKERS ASSOCIATION OF AUSTRALIA (NIBA) Additional Submission to WorkCover Western Australia Review of the Workers Compensation and Injury Management Act 1981: Final Report 31 July 2014

More information

REVIEW OF THE CIVIL LAW LEGAL AID SCHEME CONSULTATION REGARDING RECOMMENDATIONS

REVIEW OF THE CIVIL LAW LEGAL AID SCHEME CONSULTATION REGARDING RECOMMENDATIONS REVIEW OF THE CIVIL LAW LEGAL AID SCHEME CONSULTATION REGARDING RECOMMENDATIONS Overview Legal Aid Queensland has reviewed the Civil Law Legal Aid Scheme (CLLAS). This paper lists the review recommendations

More information

12 May 2014. Professor Barbara McDonald Commissioner Australian Law Reform Commission GPO Box 3708 Sydney NSW 2001. By Email to: info@alrc.gov.

12 May 2014. Professor Barbara McDonald Commissioner Australian Law Reform Commission GPO Box 3708 Sydney NSW 2001. By Email to: info@alrc.gov. 12 May 2014 Geoff Bowyer T 03 9607 9497 F 03 9607 5270 president@liv.asn.au Professor Barbara McDonald Commissioner Australian Law Reform Commission GPO Box 3708 Sydney NSW 2001 By Email to: info@alrc.gov.au

More information

SAMPLE. Professional Indemnity Insurance (PII) Policy 2015/16. lawcover.com.au Page 1

SAMPLE. Professional Indemnity Insurance (PII) Policy 2015/16. lawcover.com.au Page 1 Professional Indemnity Insurance (PII) Policy 2015/16 Lawcover Insurance Pty Limited ABN 15 095 082 509 Level 13, 383 Kent Street Sydney NSW 2000 DX 13013 Sydney Market Street Telephone: 1800 650 748 (02)

More information

NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN

NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN In return for the payment of the premium and subject to all terms of this Policy, we agree with you as follows. GENERAL

More information

Legislative Council Panel on Administration of Justice and Legal Services. Follow-up to meeting on 24 May 2010

Legislative Council Panel on Administration of Justice and Legal Services. Follow-up to meeting on 24 May 2010 LC Paper No. CB(2)2076/09-10(01) For Information Legislative Council Panel on Administration of Justice and Legal Services Follow-up to meeting on 24 May 2010 Five-yearly Review of the Criteria for Assessing

More information

PERSONAL INJURIES PROCEEDINGS ACT (QLD) 2002 (PIPA): SECTION 30

PERSONAL INJURIES PROCEEDINGS ACT (QLD) 2002 (PIPA): SECTION 30 Mr Philip Reed Director General Department of Justice and Attorney-General GPO Box 149 BRISBANE QLD 4001 Via email: jane.flower@justice.qld.gov.au 15 March 2012 Dear Mr Reed PERSONAL INJURIES PROCEEDINGS

More information

THE MOTOR INSURERS BUREAU OF SINGAPORE

THE MOTOR INSURERS BUREAU OF SINGAPORE 456 Singapore Academy of Law Journal (1998) THE MOTOR INSURERS BUREAU OF SINGAPORE WHAT IS AN MIB AND WHAT IS ITS ROLE? To appreciate this it will be useful to take a look at the first Motor Insurers Bureau

More information