September 2016


Read a roundup of activities around the AILA-NZILA branches

South Australia

By national conference co-chairs Nigel Wilson and Julie Kinnear

Since April, AILA SA has enjoyed:

• The Geoff Masel Memorial Lecture, presented by Justice Martin Daubney (see cover story)
• A Unisearch seminar on expert evidence at Sparke Helmore
• A boardroom lunch seminar on advocates’ immunity at HWL Ebsworth

The committee is delighted that Kimberley Miller-Owen is the AILA SA Young Professionals’ representative.

The committee is working immensely hard preparing for the 2016 National Conference on 12-14 October 2016 at the Adelaide Oval.


Western Australia

By Rebecca Roberts

AILA WA had a busy first half of the year, providing seven seminars from February to July with nearly all experiencing sell out attendance numbers.

That was a wonderful result and it was particularly pleasing to see such a high percentage of members attend and support the program.
Five educational events are scheduled for the second half of 2016: indemnity clauses in August, cyber liability in September, insurance products 101 in October, ageing workforce in November and the year that was in December.
The highly successful high tea returns in September and the committee is securing a high-profile guest speaker for the networking event.



By Melanie Quixley

AILA Qld hosted an exciting panel discussion on cyber risks which included a simulated live hack and data breach which was interesting and a little discomforting (see feature article).

The committee also hosted a successful young lawyers’ speed-networking function – swift connections – which had a great mix of participants from different areas of insurance. A similar event will be hosted in the future. 

In September, AILA Qld is hosting a breakfast seminar on developments in the NDIS, NIIS and state legislative changes. There is a full schedule of seminars for the countdown to Christmas.


New South Wales

By Angus Kench

The past few months have been very busy for NSW AILA with the following seminars and events:

The Twilight Seminar Series has had a tremendous response this year with all seminars sold out or almost sold out.

8 June: Professional liability update, presented by barrister Alister Abadee with industry commentary by Robert Mercer from Liberty International Underwriters.

22 June: Liability update, presented by Richard Cavanagh SC with industry commentary by Richard Jessop from XL Catlin.

6 July: Subrogated recoveries, presented by Stuart Donaldson SC with industry commentary by Susanna Khouri from IMFBentham.

20 July: General insurance product disclosure, debated by a panel of Richard Enthoven, Michael Gill, Peter Kell, Robert Kelly and Mark Radford.

3 August: Management liability, presented by Berkley’s Matt McPhee and Lynette Walsh, from AJG Brokers.

17 August: The High Court and insurance law, presented by Dermot Ryan SC with commentary by Murray Gleeson AC.

NSW AILA hosted the Annual Ron Shorter Award for professional speaking at CBP offices on 26 July. It was a wonderful final; congratulations to all applicants, the three finalists and the winner, Natalie Donnan from McInnes Wilson. Congratulations to Polaris Coaching on the marvellous training and assistance provided. Thanks to the judging panel, Justice Cliff Hoeben, Robert Kelly and Noel Condon, and the sponsors, Colin Biggers & Paisley and Unisearch.

The NSW AILA Young Professionals subcommittee organised the famous annual Luminaries Dinner at the Shangri La Hotel in the Rocks, Sydney, on 18 August. It was a fabulous occasion. More than 70 c-suite executives brought “rising stars” from their organisations and they mixed and mingled at the Altitude Restaurant. It has become a “must attend” function and this year was no different. A huge vote of thanks to the YP committee that pulls the event together; there is an enormous amount of work to make it happen.



By Raff Pisano

Victorian events have included:

13 April: The Federal Court’s insurance list for short matters; CGU v Blakeley
Speakers: Chief Justice Alsop, Caroline Kenny QC and Nicole Wearne (Norton Rose Fulbright)

Chief Justice Allsop discussed the Federal Court’s commitment to providing commercial dispute mechanisms for the insurance community in a flexible, efficient, cost-effective manner through the new Insurance List for Short Matters, which is part of the national court framework reforms.

Ms Kenny and Ms Wearne discussed the potentially wide ranging implications of CGU v Blakeley on third party insurers’ liability exposure to claimants seeking declaratory relief under policies of insurance said to involve a ‘justiciable controversy’ between a non-insured claimant and a resistant third party insurer.

11 May: Geoff Masel Lecture: Whatever happened to Atticus Finch? Reflections on contemporary issues in legal professional ethics
Speaker: Justice Daubney, Qld Supreme Court

Keeping Geoff Masel's legacy alive, Justice Daubney's presentation was informative and entertaining. He examined national and international trends in legal professional ethics, with particular focus on issues arising in insurance litigation and alternative dispute resolution.

25 May: Double trouble – double insurance claims from a broker's and a barrister's perspectives
Speakers: Michael Thompson QC and George Karalis (Willis Towers Watson)

The sell-out event was the second of five Basic & Beyond seminars designed to attract greater industry participation. The panel discussed the effects of s45 of the Insurance Contracts Act1984 on double insurance claims and provided practical examples and potential risks that arise when a policy attempts to limit or exclude an insurer’s liability through the insured entering into some other contract of insurance. The presentations were practical and thought provoking.

11 July: Which test is best?
Speaker: Dr Peter Steadman, orthopaedic surgeon, Medilaw

In the third Basic & Beyond seminar, Dr Steadman discussed how lawyers and insurers handling personal injury claims can determine which investigation is the correct one for claimants. He discussed use of medical investigations in personal injury claims, providing examples of common conditions and ‘which test is best’, and examined the significance of abnormal findings and normal variations revealed in such investigations.

19 July: Ron Shorter Award – Victorian final
Finalists were:
Adrian Di Pasquale from AIG: Kidnap and ransom insurance
Erica Lawson from Logie-Smith Lanyon: Digital transformation and the dawn of social sharing
Alexis Taylor from Wotton + Kearney: Riding in cars with… Siri? The potential legal and insurance implications of the rise of artificial intelligence
The winner was Erica Lawson. 

All three finalists were of an exceptionally high quality and it was obvious the bar had been raised in the second year of the competition in Victoria.  

9 August: Annual joint AILA/NPLA seminar - Drunk robots, ethics and other conundrums in driverless cars and drone technology: Effective risk management for artificial intelligence systems when things go wrong – who pays and why?

23 August: Claims against financial advisers – key issues and battle grounds
Speakers: John Tesarch (barrister), Rob Heath and Daryl Smith (Clyde & Co)

Upcoming events:

29 September: Statutory schemes
Speakers: Peter Ryan (VMIA), Colin Dallas (VWA) and Tracey Dan (TAC).  This is the fourth in the Basics & Beyond seminar series.

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