TPD and Life Insurance Injury Claims Update
Keep up to date with the recent changes to life insurance contacts which now require compliance with the unfair contract regime as well as other changes that have occurred since the Hayne Royal Commission. This seminar will also of the law applicable to when trustees who are self-insurers. And finally a look at the legal and medical perspective of vocational assessments and choice of expert. 218Q02
Description
Attend and earn 4 CPD units including:
3.5 units in Legal Knowledge
0.5 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Keith Howe, Barrister, Level 10 Inns of Court
9.00am to 10.00am Life Insurance Contracts and Unfair Contracts Regime
On 17 February 2020, the Financial Sector Reform (Hayne Royal Commission Response – Protecting Consumers (2019 Measures)) Act 2020 received Royal assent. Insurance contracts entered into, renewed or varied on or after 5 April 2021 will be subject to the unfair contracts regime prescribed under the ASIC Act.
- Analyse those provisions and how they may apply to life insurance contracts
Presented by Charlotte Campbell, Barrister, Darrow Chambers
10.00am to 11.00am Life Insurance in a Post Hayne Royal Commission World
- The sustainability of the life insurance industry – what are the drivers and pain points?
- What do the regulators’ sustainability enhancement measures mean for existing and new income protection contracts?
- Are standardised ‘Reference Products’ part of the solution?
Presented by Josh Mennen, Principal Lawyer, QLD Super and Insurance Department, Maurice Blackburn Lawyers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Mirror Mirror: Who is the Fairest of Them All? When Trustees are Self-insurers
- When is a Trustee an “insurer”
- When will the Insurance Contracts Act 1984 apply to a Trustee
- Approach of the Courts to setting aside and substituting Trustee decisions vs insurer decisions
Presented by Rebecca Nichols, Barrister, More Chambers
THE MEDICAL AND LEGAL PERSPECTIVES
Professional Skills
12.15pm to 1.15pm The Value of Engaging an Occupational Therapist in TPD and Life Insurance Claims
- The difference between a vocational assessment and an occupational therapy assessment in TPD
- The value of using functional abilities to determine future work capacity
- Limitations with a pure skills/experience based approach
- Case studies
Presented by Nancy Stephenson, Consultant, Assess Medical Group
Legal and Evidentiary Issues
- Considerations in appointing an expert for vocational assessment
- Differences between pre-litigation and post-litigation use of reports
- Rules of evidence
- Consequences of getting it wrong
Presented by Rebecca Nichols, Barrister, More Chambers
Presenters
Keith Howe
Keith Howe has a broad practice across Brisbane, the Gold Coast and Northern New South Wales. He appears as an advocate at both trial and appellate level in matters involving many aspects of commercial, insurance, personal injury, property and common law matters generally, with an associated advisory practice. Keith is a nationally accredited mediator and has an extensive mediation practice both as a mediator and representing parties, in matters ranging from insurance, personal injury and Estate matters to general commercial disputes. In recent years Keith has developed an extensive mediation practice in TPD, income protection and financial advice disputes.
Josh Mennen
Josh has acted predominantly across superannuation, general insurance, life insurance, financial advice and consumer credit disputes in various tribunals and courts. Josh provides financial services legal advice to disabled or wronged consumers, disability support groups, charities, State Trustees, financial counsellors, community groups and unions. Josh sits on the Board of Autism Queensland and The McKell Institute QLD with a special interest in strategic planning and risk management. He is passionate about increasing consumer rights/awareness, and giving voice to those dis-empowered by illness, injury and socioeconomic barriers.
Rebecca Nichols
Rebecca Nichols has broad experience working in various practice areas since 2000 and specifically in commercial litigation, financial services, general insurance and personal injury disputes for the last 16 years. She commenced at the private Bar in 2010 and has continued her broad practice conducting both plaintiff and defendant litigation. In recent years, she has developed an extensive practice in superannuation and life insurance disputes. She appears in both State and Federal Courts and is also a regular advocate in alternative dispute resolution processes. Rebecca is a member of both the Australian Lawyers Alliance and Australian Insurance Lawyers Association. She holds a Bachelor of Law (Hons) from QUT.
Nancy Stephenson
Nancy Stephenson has been practicing as an occupational therapist for 37 years. She is highly experienced in medico-legal assessment, total and permanent disability assessment, activities of daily living assessment, care needs assessment, vocational assessment, and functional capacity assessment. She has worked in occupational rehabilitation for many years conducting worksite visits, functional capacity assessments, designing return to work programs and case managing injured workers. She has been conducting medico-legal assessments for more than 15 years and is an experienced expert witness. She provides medico-legal assessments for personal injury, medical negligence, historical sexual abuse claims and workplace and industrial accidents.
Venue
Hilton Brisbane
190 Elizabeth St
Brisbane City
Brisbane 4000
QLD
Australia
Directions
Due to one way road systems, please note that car access is via Elizabeth Street only. Please programme 190 Elizabeth Street if using a car navigational device.
Nearby Public Transport:Train Stations - Central Station
Bus Interchange - George Square Bus Station
Parking
Parking is not included in your registration. There is valet parking available for AU$58.00