AILA President’s message
Susan Vidler

Register now for National Conference

I urge all AILA members to register their interest now to attend the 2015 AILA National Conference - A Sporting Chance - on October 14 to 16 at the Grand Hyatt Hotel, 123 Collins St, Melbourne.

The conference program will address key areas of importance for the insurance industry and its providers. Topics will be of interest to a wide-ranging group of insurance professionals. Sessions include:

• Insurer websites, how contracts are formed and concluded, commentary on comparator web sites, lack of regulation, and potential for misleading and deceptive conduct, presented by Australia’s AIDA Presidential Council representative Chris Rodd and fellow Presidential Council member Prof Pierpaolo Marano, from Milan, Italy.

• A case study examining claims management and catastrophe responses. Panellists include Marc Gibson, from Crawford & Co; Sam Said, from IAG; and Jimi Groom, from Swiss Re in London.

• A panel discussion on concussive brain injuries. Presenters include Meryl Lieberman, senior partner with Traub, Lieberman Straus and Shrewsberry LLP, who was involved in the negotiated settlement in a US NFL class action on concussive injuries; neurosurgeon Prof Jeffrey Rosenfeld; and Sportscover’s David Lamb.

• A session on directors’ duties, governance and implications for financial services boards, presented by Anne O’Driscoll, non-executive director of CommInsure and MDA National Insurance.

• A debate on Good faith is not good for you, moderated by Justice Rita Zammit, Supreme Court of Victoria.

The social program starts with the welcome on Wednesday evening and ends with Friday’s closing lunch at the MCG, concluding by 4pm. Guest speaker is former Test cricketer Damien Fleming, one of only three men to take a Test hat-trick on debut. The lunch includes a tour of the MCG grounds.

Conference partners and sponsors include CGU, Lander & Rogers, Lee & Lyons Lawyers, Wotton + Kearney, Jarman McKenna, Barry.Nilsson, McInnes Wilson Lawyers, Unisearch Expert Opinion Services, Carter Newell Lawyers and Expert Consulting.

For more information on sponsorships, please email the conference secretariat pcs@cogroup.com.au.

To register your interest in attending the conference, go to the National Conference website, https://conference.aila.com.au.

AILA at Steadfast

AILA was proud to join a host of exhibitors for the first time at the 17th Annual Steadfast Convention at the Adelaide Convention Centre on
April 18 to 21.

Members of AILA's dedicated team of volunteers from the national board and the South Australian branch committee manned the AILA stand where promotional giveaways, door prizes and a chance to chat about the association were on offer.

It was an exciting opportunity to speak directly to brokers and hear about their businesses.

The purpose was to raise AILA’s profile in the broking community and outline AILA member benefits. We have already received inquiries about membership and the National Conference from brokers who visited the stand and hope to see increased broker membership and participation in future events.

NSW Ron Shorter winner announced

Congratulations to the NSW winner of the Ron Shorter memorial award, Divya Pahawa, from Meridan Lawyers.

She gave a very polished presentation at the April 21 final at the Sydney offices of CBP. Congratulations also to the other finalists, Naseer Taseer, from GT Insurance, and Mark Slaven, from McCabes.

Click here for more information on the finals night.

Divya wins a trip to the national conference in Melbourne, where she will participate in a “head to head” presentation with the Victorian winner.

This year, for the first time, the award has been expanded into Victoria. Applications closed on May 1 and successful applicants were notified on May 8.

The sub-committee was thrilled by the overwhelming response received from young professionals in Victoria. The coaching sessions are in progress and the final will be at CBP Lawyers’ Melbourne office on Thursday July 30 from 5pm.

The event is free to attend and will be followed by a cocktail reception. I encourage all Victorian-based members to come along and bring some guests to show support for the three finalists.

The award is a public-speaking competition for young professionals across all insurance industry disciplines.

Ron Shorter was a loss adjuster, liability claims supervisor, claims manager and legal practice manager. Throughout his career, he inspired and mentored many young professionals.

Before his February 2012 death, Ron had conceptualised the competition and the inaugural NSW Ron Shorter Award was presented in July 2012.

AILA Victoria, with the support of CBP Lawyers and Unisearch, is offering Victorian young professionals the opportunity to participate, thereby improving their public speaking skills.

‘Jumping pillow’ appeal lost

In the June 2014 issue of Resolve, we covered the ACT Supreme Court decision in Stewart v Ackland.

Justice John Burns found the owners of Green Valley Farm fun park negligent for failing to tell patrons of potential equipment dangers.

Benjamin Allan Ackland sued the park’s family owners, Patrick Joseph Stewart, Beryl Ann Vickery (nee Stewart) and Michael Patrick Stewart, after a 2009 incident left him a tetraplegic. He was bouncing on a trampoline-like device, called a “jumping pillow”, when a back flip he was performing went wrong. Justice Burns awarded him $4.6 million in damages.

The Stewarts appealed, arguing Justice Burns was wrong to find they had a duty to inform patrons of the risk of a serious incident. Justice Hilary Penfold, with whom Acting Justices Steven Walmsley and David Robinson agreed, has dismissed the appeal.

She said the Stewarts’ argument it was not their duty to “prohibit activity by adults of normal competence” and that “patrons should be responsible for their own safety” could not be supported. “The breach was not the failure to prevent harm but the failure to take reasonable care to avoid, or enable patrons to avoid, a risk of which the [Stewarts] had a far better understanding than the patrons.”
(Stewart & Ors v Ackland [2015], ACTCA 1, 12/02/15)

Broker wins indemnity costs

In the December 2014 issue of Resolve we covered a court case in which a Qld chemical factory and the property owner (Hamcor t/a Binary Industries) tried unsuccessfully to sue their broker, Marsh.

The Qld Supreme Court has now awarded indemnity costs against Hamcor. Click here to view Resolve’s article about the latest development in this interesting case.

Geoff Masel lecture tour in progress

The annual Geoff Masel memorial lecture tour is in progress around the nation following the first event in Hobart on May 12.

Go to www.aila.com.au for dates of the lectures in your area.

Presenter Ian Enright’s topic is: The insurance social contract: 1788 and all that.

He promises an irreverent look at the historical movements and people who made the insurance industry. “The serious and good work of insurance involves integrity, innovation and implementation. We need to remind ourselves of the great achievements of the industry through these virtues, and its occasional shortcomings, while reminding ourselves that a sense of fun is also necessary,” he said.

Ian is a lawyer, academic, author and director. He is an author, with Professor Robert Merkin and former High Court judge Michael Kirby, of the fourth edition of Sutton on Insurance Law, published in December 2014.

Twilight series launches this month

NSW AILA’s annual twilight seminar series starts on June 10 and runs until August 19.

The six seminars cover a range of topical issues and I commend them to NSW members. Full details are at www.aila.com.au and dates are listed in Resolve’s diary.

Lloyd’s Asia backs AILA role

Lucinda Lyons, Kent Chaplin and David Lee in Singapore.

AILA’s immediate past national president David Lee and his business partner Lucinda Lyons have just been in Singapore for client meetings and took the opportunity to call on Kent Chaplin, head of Asia Pacific and managing director of Lloyd’s Asia.

With the anticipated significant growth in Singapore’s insurance market, including Lloyd’s, AILA continues to nourish its regional contacts as it considers ways it can contribute towards fostering insurance law education in the Asia Pacific region. David says Kent Chaplin is very supportive of AILA’s role.

Thanks to David and Lucinda for flying the AILA flag during their Asian visit.