Total and Permanent Disability, Superannuation and Life Insurance Claims
Cover what you need to know about making claims for TPD under a superannuation or life insurance policy. What do you need to know about AFCA, superannuation trustee law and learn about setting aside the insurer’s decision? Understand how a vocational consultant determines whether an injury prevents a claimant from working in an occupation by reason of their education, training or experience, plus an update on the new tax and financial risks financial risks for super and TPD claims. 213N45
Description
Attend and earn 4 CPD Units including:
2.5 units in Substantive Law
1.5 units in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Adrian Coombes, Barrister, Second Floor Wentworth Chambers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Setting Aside the Insurer’s Decision
- The nature of the breach
- Threshold of error
- Does the insurer have to reconsider?
Presented by Stephen Walsh, Barrister, Sir James Martin Chambers
9.50am to 10.35am Australian Financial Complaints Authority (AFCA) Two Years On
- How it is operating in relation to life insurance and income protection claims
- The role of lawyers for complainants and financial firms
- Recent case developments regarding AFCA’s jurisdiction
- Significant Determinations relevant to life insurance and income protection claims
Presented by Craig Parrish, Senior Associate & NSW State Litigation Leader, Superannuation & Insurance, Maurice Blackburn Lawyers
10.35am to 11.20am What the Personal Injury Lawyer Should Know about Superannuation Trustee Law
- Examining the relationship between the superannuation fund trustee and the life insurer
- Explore the trustee’s duties to hold insurance and enforce the terms of the insurance policy
- Identifying other trustee duties that might be relevant
- What can the member do if they are unhappy?
Presented by Michelle Levy, Partner, Allens, Senior States People Band 1 Superannuation Australia, Chambers 2020
11.20am to 11.35am Morning Tea
Professional Skills
11.35am to 12.20pm TPD and Income Protection Claims: The Vocational Expert’s Perspective
- Analysing education, training and experience; interview vs file based assessments
- Identifying suitable vocational options: What makes a job suitable?
- Understanding the labour market
Presented by Aelan Bradley, Vocational Consultant, Allied Health Assessments
Professional Skills
12.20pm to 1.05pm New Tax and Financial Risks for Superannuation and TPD Claims
- Navigating the new legislation, the Protecting Your Superannuation Package Act, to minimise the risk of paying more tax on settling a claim
- How to manage the risk to the ultimate value of the claim and challenge decisions of super funds as a consequence of a falling markets due to COVID-19
- How to manage and minimise financial risks facing your clients once their TPD claim has been approved
Presented by Andrew Reynolds, Principal, EFS Advice
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Venue
The Grace Hotel
77 York St
Sydney 2000
NSW
Australia
Presenters
Adrian Coombes
Adrian was called to the Bar in 2014 and practises principally in the areas of insurance, administrative and commercial law. Prior to coming to the Bar, Adrian was a Senior Associate at a mid-tier firm, practising in insurance and commercial law. Adrian holds a Master of Laws, a Bachelor of Laws and a Bachelor of Arts from the University of Sydney.
Stephen Walsh
Stephen is a barrister practicing at the NSW bar specialising in commercial, property, professional indemnity and life insurance matters. He was admitted to practice as a solicitor in 1993 and worked as a solicitor and then partner at a number of large insurance practices for 14 years, 10 of which were in London working for national UK defendant insurance firms. He moved to Sydney in 2005 and was admitted to the bar in 2007. He has appeared for most of the major life insurance companies in NSW and life insurance cases continue to comprise a substantial proportion of his practice.
Craig Parrish
Craig Parrish is a Senior Associate and NSW State Litigation Leader in Maurice Blackburn’s Superannuation & Insurance team in Sydney. His current focus is on assisting people in disputes arising out of life and general insurance policies, including claims for TPD, income protection, trauma and death benefits. Craig also assists people who have lost savings due to poor financial or professional advice to make claims against financial institutions and professionals across New South Wales and Victoria. Craig is actively involved in Maurice Blackburn’s social justice practice and he is passionate about cases which raise questions of how the law interacts with mental health and disability.
Michelle Levy
Michelle specialises in superannuation, life insurance, distribution and financial services law. Michelle's clients include the wealth management areas of each of the major banks, life insurance companies and industry and corporate funds. Michelle's recent work includes working with her clients on their Future of Financial Advice and Stronger Super projects, developing new financial products and distribution arrangements, helping to remedy breaches and selling wealth management businesses. Michelle is a regular contributor to various journals and publications including Financial Services Newsletter and the Superannuation Law Bulletin. She co-authored the LexisNexis FoFA Handbook. Michelle is a member of the Law Council of Australia's Superannuation Committee.
Aelan Bradley
Aelan Bradley is a member of the Australian Society of Rehabilitation Counsellors and Associate Member of ALUCA. Aelan established and is the Director and Principal Consultant at Allied Health Assessments. Insurance since 2002 and has specialised in Employability and Vocational Assessments across a range of compensation schemes and jurisdictions giving expert evidence in matters related to employability, earning and vocational capacity in the Administrative Appeals Tribunal, District Court of Queensland, County Court of Victoria and Supreme Court of NSW.
Andrew Reynolds
Andrew Reynolds has worked in financial services for over 20 years. He has spent the last 15 years providing financial advice, most of that time working with personal injury law firms, individuals and families that have suffered and illness or injury. After working with a number of big companies, Andrew started his own financial advice business 3 years ago and specialises in helping people who are receiving insurance claims following a disability. Andrew is a member of the Australian Lawyers Alliance Superannuation & Insurance Special Interest Group and is passionate about