December 2018


Read a roundup of activities around the AILA and NZILA chapters

New South Wales

By Andrew Thomas

Since the last issue of Resolve was published, the NSW AILA chapter has held a wide range of events.

They include:

• Understanding nondisclosure, misrepresentation and fraudulent claims – pitfalls and tips. Presenters were barrister and author Peter Mann and HWL Ebsworth partner Matthew Harding. It was chaired by Clearview general counsel Elizabeth Briggs. The event was a sell out.

• ISR polices: the past, the present and the future. In a joint AILA-AICLA seminar, Sedgwick’s national executive adjuster Tony Morgan provided a history of the evolution of ISR policies in Australia and forecast the next step. Fellow panellists Allianz Global Corporate & Speciality claims manager - first party claims, Robert Bakowski; and Wotton + Kearney special counsel Kristine Vale provided expert insights into practical approaches in dealing with ISR policies.

• Explain blockchain: Blockchain tech specialist Five2One director Vaibhav Namburi explained programming; Piper Alderman partner Michael Bacina outlined the Australian regulatory aspects; and insurtech start-up Coverhero CEO and founder Naby Mariyam showed how blockchain applied to insurance.

• A Moulin Rouge YP networking event saw mademoiselles et messieurs dress in their finest black tie or cabaret attire for an evening of networking, food, drinks and Parisian fun. The event was supported by Lander & Rogers Lawyers and Holman Webb.

• Proceeds from a 35th anniversary charity golf day were donated to the Cure Brain Cancer Foundation. Its mission and objectives are to:
- increase five-year survival to 50% by 2023
- fund brain cancer research that offers patients accelerated access to promising new treatments
- raise awareness of brain cancer
- support creating and implementing a collaborative international and multi-disciplinary brain cancer research community.

• 2018 Life Insurance Annual Review: A half-day review for those working in life insurance covered:
- The Australian Financial Complaints Authority - out of the blocks
- The Royal Commission - can life insurance ever be the same again? What are the indications for reform?
- Life insurance cases, including the ever-expanding duty of utmost good faith
- The Productivity Commission report, Superannuation: Assessing efficiency and competitiveness
- Developing insurance opt-outs for super fund members with low account balances.

• Brokers in court: A professional negligence moot, presented by AILA and NIBA, demonstrated how a claim against an insurance broker unfolded. It gave YPs the opportunity to observe court processes and procedures in a typical broker negligence claim. It was presided over by Justice Rowan Darke, of the NSW Supreme Court.

The NSW AGM was scheduled for 11 December.


Northern Territory

By Lance Schmidt

The Northern Territory Insurance Conference has just held its seventh event.

AILA life member Greg Pynt, from WA, is the only person to have presented at all of them. This year he gave an excellent presentation on how to read exclusion clauses.

Interstate speakers receive only the cost of airfares and accommodation to attend.

Over the two days, there were about 330 delegates with 1,118 attendances.

There was no cost to delegates, except to attend the Gala Ball, which had 329 attendees and was booked out.

The conference was organised by the Darwin YIP committee. They raised more than $120,000 in sponsorship from insurers, brokers, assessors and building companies (that were obviously cashed up following Cyclone Marcus in March).

For more information, go to


Western Australia

By Rebecca Yain

AILA WA was excited to welcome 230 delegates to Perth for the national conference from 31 October to 2 November 2018.

The WA organising committee did a spectacular job in planning and executing the conference, in partnership with Conference Design.

Particular thanks to organising committee chair Fiona Dempster, who unfortunately missed the conference but for very good reason – she welcomed her first child, Jack Dempster Garnett, into the world on 24 October. Congratulations Fiona and partner John. Stephen Williams did a fantastic job stepping into Fiona's shoes in the lead up to the conference. Also a special thanks to Vickie and Liz at Q2M for their support.

WA past committee member John-Paul Wilson, of Gilchrist Connell, was awarded one of two life member awards presented at the conference gala dinner at Optus Stadium. Very well deserved.

The WA committee took a short break to rest and recover following the conference, so no events were scheduled in November.

The AGM was scheduled for 5 December as part of the next seminar, a sundowner event to wrap up the year's program.

On behalf of the WA committee, thank you to all members, particularly those who  attended events. A big thank you to this year's sponsors for their support.



By Cameron Roberts

Since the last edition of Resolve, the Victorian Chapter has hosted several seminars, the Annual Life Insurance Review, and the annual networking event.

On 13 September, about 85 members and friends enjoyed a joint AILA/AILCA seminar on fire claims. Speakers were Jock Innes-Campbell, from DLA Piper, and Tim Cousins, from Tim Cousins & Associates.

On 23 October, Dr Ian Enright and Paul O'Connor, from NDIA, presented a seminar on the National Disability Insurance Scheme to a packed house at Thomson Geer.

On 20 November, Helen Coonan, chair of the Australian Financial Complaints Authority (AFCA); Rehana Box, Lisa Simmons and James Clarke, from Ashurst; Phillip Battye and David Arribas, from HWL Ebsworth; Jocelyn Furlon, from First State Super; Stanley Drummond, from Thomson Geer; and barrister Peter Mann presented the half-day Annual Life Insurance Review to 44 guests, including representatives of AFCA and the Superannuation Complaints Tribunal.

On 21 November, Slate Bar hosted AILA Victoria’s annual networking event. About 80 members and friends attended and all proceeds went to Buy a Bale, which supports Australian farmers by supplying fodder to help them through the drought.

On 10 December, Clyde & Co was scheduled to host a seminar on driverless cars. As Resolve was published, registrations were still open for this interesting, forward-focused event.



By Drew Castley

ALA Qld held a free event for young professionals on 18 October – The moves that mattered.

Like two previous YP events, it was very well attended and thought provoking. A big thank you to the speakers, barrister Sam Lane, Lorelle Hillman (AIG), Emmanuel Pappas (GRT Lawyers) and Catherin Allen (Sun Super). And thank you to King & Co for hosting the event.

The next event was a black letter law breakfast seminar – Does a stitch in time really save nine?

It covered issues about mitigation costs under a policy of liability insurance. Speakers were Roger Traves QC, Anthony Messina, and Nola Pearce, all from Level 27 Chambers.



By Steven Smith

AILA Tasmania has held its annual workers' compensation and general liability workshops, attracting more than 100 attendees with the support of great speakers and sponsors.

Thanks to eReports, Red Health, HWL Ebsworth, Quantumcorp and LKA Group for their sponsorship and the organising committee, led by Kate Stockford.

Luke Taylor organised a well-received presentation by Mervyn Rea, head of risk engineering at Zurich. He addressed the impact of disruptive innovation for the insurance industry. 

A cocktail and mocktail party was on Friday 16 November. Many thanks to Red Health, LKA and Procare for their sponsorship. 

AILA Tasmania has started planning events for next year. The first is likely to be the annual general insurance law review in late February or early March.


South Australia

By Nigel Wilson

In 2018 AILA SA conducted an active, varied seminar and events program, befitting the 35th year of AILA's formation.

Events were:

Date Presenter(s) Topic
29 March Kirsty Stewart Evidentiary issues and career tips for young professionals
5 April Ralph Bonig Terrorism and insurance
11 May   2018 welcome drinks and Ron Shorter award for young professionals SA launch
24 May Mark Douglas Privacy Act and notifiable data breaches
21 June   YP/YIP joint social event at William Bligh
31 July Richard Douglas QC 2018 Geoff Masel lecture - The Ipp legislation - Has the game been worth the candle?
23 August Peter Mann The Insurance Contracts Act - recent developments
27 Sept Nicole Swaine Inclusive leadership, part of the Lloyd's Dive In Festival
8 Nov   YP drinks at La Rambla
6 Dec Mark Livesey QC 2018 AGM and year in review

The committee is actively planning events for 2019, including covering:

• The financial services royal commission
• Artificial intelligence
• Australian general insurance law review.

The AILA SA prize for Advanced Contract at Flinders University Law School was awarded jointly to Helen Kremmidiotis and Lydia Hart.

Thank you to the AILA SA committee, our sponsors and all members for their ongoing support. I wish all AILA members a safe and enjoyable festive season.


Young Professionals

In NSW, AILA YPs hosted their 9th annual Luminaries Dinner at the Royal Motor Yacht Club, Point Piper, Sydney, on 9 August 2018.

The evening was an opportunity for young and up-and-coming insurance professionals  to mix and mingle with a wide variety of CEO/MD level executives from insurers, reinsurers, brokers, underwriting agencies, lawyers, corporates, forensic accountants, risk managers and loss adjusters. The 110-strong crowd was entertained by the comic talents of Jeff Green while enjoying the spectacular harbourside setting.

Thank you to sponsors Steadfast, Holman Webb, Wotton + Kearney, and Meridian Lawyers, without whose support the evening would not have been possible.

in WA, a YPs mock trial preceded the annual conference in Perth. Federal Court Chief Justice Allsop presided with counsel Fiona Stanton and Stephen Davies SC from Francis Burt Chambers, Perth, arguing their cases. The issue was non-disclosure under the Insurance Contracts Act.

YP WA representative Jade Macukat, from Clyde & Co, said the mock trial was based on a successfully run similar event in NSW. About 30 YPs attended.

AILA YPs and NIBA YPs have embarked on a seminar series in WA, What, why and how are you selling? The aim is to explain the fundamentals of different product lines, giving information from lawyer, insurer and broker perspectives.

The first, in August, was on D&O and management liability and attracted about 75 attendees.

The second, on 12 February 2019, will look at cyber risks and liabilities. A third seminar also is planned for 2019.

Jade said the seminar concept may be expanded nationally. Partnering with NIBA YPs was a very positive step because it helped expand the AILA base and promote broader industry representation.

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Resolve is the official publication of the Australian Insurance Law Association and
the New Zealand Insurance Law Association.