LAWS5135 Select Topics in Insurance Law

Credit
6 points
Offering
(see Timetable)

If this unit does not have an online alternative, then students who are presently unable to enter Western Australia and whose studies would be delayed by an inability to complete this unit, should contact the unit coordinator (details given on this page) to ascertain, on an individual case-by-case basis, if alternate arrangements can be made to support their study in this unit.

AvailabilityLocationMode
Non-standard teaching periodUWA (Perth)Face to face Predominantly face-to-face. On campus attendance required to complete this unit. May have accompanying resources online.
Content
This unit will commence with a short introduction to insurance law examining key concepts associated with general insurance as a risk transfer loss spreading arrangement. It includes analysis of the common law and relevant equitable principles and close examination of the Insurance Contracts Act 1984 (Cwlth), covering topics such as the duty of utmost good faith, causation, subrogation and double insurance and contribution.

This will be followed by advanced teaching of insurance law topics selected for their interest, complexity, controversy or topicality.
Outcomes
Students are able to (1) demonstrate, at an advanced level, knowledge of (a) the nature and the purpose of the laws relating to the insurance context; (b) the common law and equitable principles relevant to insurance law; (c) the terms and operation of key provisions of the Insurance Contracts Act 1984 (Cwlth); and (d) the policy and reform issues which are relevant to the insurance industry; (2) demonstrate (a) the ability to reflect upon and respond to ethical issues arising in the insurance context; and (b) a developing ability to exercise professional judgment; (3) demonstrate the ability to (a) identify and articulate complex issues arising for resolution in insurance law; (b) apply legal reasoning to solve hypothetical problems, in particular developing and explaining arguments in resolving issues; (c) engage in critical analysis of the legislation and the scholarship in the area of insurance law; (4) identify, research, evaluate and synthesise legal problems and conflicts arising in insurance law; and recognise and articulate the complex policy issues associated with insurance law; and (5) demonstrate an ability and willingness to (a) participate and contribute to seminar discussion; (b) present arguments in ways that are effective, appropriate and persuasive to legal and non-legal audiences.
Assessment
Indicative assessments in this unit are as follows: (1) written assignment; (2) oral presentation; and (3) examination. Further information is available in the unit outline.

Supplementary assessment is not available in this unit except in the case of a Juris Doctor student who has obtained a mark of 45 to 49 and is currently enrolled in this unit, and it is the only remaining unit that the student must pass in order to complete their course.
Unit Coordinator(s)
Gregory Pynt
Unit rules
Prerequisites:
Juris Doctor (JD) students: LAWS4101 Foundations of Law and Lawyering and 30 points from: LAWS4102 Criminal Law, LAWS4103 Contract, LAWS4104 Property, LAWS4106 Torts, LAWS4107 Land Law, LAWS4108 Foundations of Public Law, LAWS5106 Legal Theory and Ethics or LAWS4109 Legal Theory and Ethics

Graduate Diploma in Insurance law students: LAWS5890 Insurance Claims and Dispute Resolution and LAWS5891 Principles and Practice of General Insurance Law or LAWS5892 Principles and Practice of Life Insurance Law
OR
a completed Law degree
Advisable prior study:
LAWS4106 Torts, and LAWS5103 Equity and Trusts
Incompatibility:
LAWS3383 Insurance Law
Contact hours
Teaching dates for this unit are 5-9 July. Please refer to the timetable website for session times and venues. Attendance at all sessions is mandatory.
  • The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
  • All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
  • Unit readings, including any essential textbooks, are listed in the unit outline for each unit, one week prior the commencement of study. The unit outline will be available via the LMS and the UWA Handbook one week prior the commencement of study. Reading lists and essential textbooks are subject to change each semester. Information on essential textbooks will also be made available on the Essential Textbooks. This website is updated regularly in the lead up to semester so content may change. It is recommended that students purchase essential textbooks for convenience due to the frequency with which they will be required during the unit. A limited number of textbooks will be made available from the Library in print and will also be made available online wherever possible. Essential textbooks can be purchased from the commercial vendors to secure the best deal. The Student Guild can provide assistance on where to purchase books if required. Books can be purchased second hand at the Guild Secondhand bookshop (second floor, Guild Village), which is located on campus.