Total and Permanent Disability Claims
This seminar provides comprehensive and up to date coverage for any lawyer advising on making or defending a total and permanent disability claim. Gain a practical guide to running mental health TPD claims, examine case updates, explore the claims process through the Australian Financial Complaints Authority (AFCA), and work through an update on everything related to tax, finance and superannuation in TPD claims. 223N44
Description
Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Co Chairs: Stephen Walsh, Barrister, Sir James Martin Chambers and Sylvia Quang, Partner, HWL Ebsworth
9.00am to 10.00am A Practical Guide to TPD Claims Involving Mental Health Conditions
With recent data revealing that mental health TPD claims have doubled over the last 5 years, this practical session explores:
- TPD policy coverage for mental health conditions: what to look out for & why
- Key challenges in mental health TPD claims: tips and traps
- Navigating claims handling issues: red flags in claims assessment
- Challenging a refused claim: forums for resolution
Presented by David Coorey, Special Counsel, Carrol and O’Dea; Former Ombudsman (Banking & Finance) at AFCA
10.00am to 11.00am Developments in the Courts’ Approach to TPD Claims
- The uncertain scope of the grounds for challenging insurer’s decisions
- The source and scope of the duty to reconsider
- Is there a difference between a reconsideration and a review?
Presented by Stephen Walsh, Barrister, Sir James Martin Chambers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Australian Financial Complaints Authority’s (AFCA) Remit: What is Fair?
- An overview of AFCA’s power to determine disputes relating to TPD and other life insurance products, under the AFCA Scheme
- A review and analysis of AFCA decisions which have been challenged before superior courts
- Discussion of what this means both for AFCA members and consumers
Presented by Sylvia Quang, Partner, HWL Ebsworth
Professional Skills
12.15pm to 1.15pm Update on Tax, Finance, Superannuation and TPD Claims
- Tax & financial implications of accessing TPD claims from superannuation
- Your Future, Your Super Bill 2021 (legislation introduced on 1 July 2021) and ‘Stapling,’ which will have a significant impact on TPD policies moving forward
- Review of TPD processes following COVID-19
Presented by Andrew Reynolds, Principal Adviser, EFS Advice
Presenters
David Coorey
David Coorey is special counsel working in Carroll & O’Dea Lawyers. David has more than 20 years’ experience as a solicitor working predominantly in the area of consumer law most recently as a decision maker (Ombudsman) at Australian Financial Complaints Authority. As an Ombudsman (Banking & Finance) at AFCA, David resolved complex responsible lending and hardship disputes, brought before the scheme largely by unrepresented consumers. David has specialist experience in banking and insurance law. This includes advocacy and resolution of credit disputes as well as advocacy in general insurance and life insurance disputes including Total and Permanent Disability (TPD) and income protection.
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.
Sylvia Quang
Sylvia Quang is a Partner in HWL Ebsworth's Sydney insurance practice. Her key expertise is in life insurance and general insurance (property damage). Sylvia's practice also includes regulatory and compliance, liability and professional indemnity matters. She has a proven track record of providing high quality, practical and cost-effective legal services to insurers. Sylvia has assisted life insurers across a broad range of disputes and issues involving TPD, income protection, trauma and death benefits. Her experience includes advising on the procedural aspects and enforceability of determinations made by AFCA and assisting with complaint responses.
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 5 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 protecting peoples’ rights in this area.
Venue
Cliftons - Spring Street
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km