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LAWS5135 Select Topics in Insurance Law

Credit
6 points
Offering
(see Timetable)
AvailabilityLocationMode
Non-standard teaching periodUWA (Perth)Face to face
Content
This unit covers the key concepts associated with general insurance as a risk transfer loss spreading arrangement, including the duty of utmost good faith, causation, subrogation and double insurance and contribution, and includes analysis of the common law and relevant equitable principles and close examination of the Insurance Contracts Act 1984 (Cth).
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) class participation; (2) assignment; and (3) examination. Further information is available in the unit outline.

For units commencing in May 2022 or later the availability of the supplementary assessment is subject to confirmation.

Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.
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
Co-requisites:
Nil.
Advisable prior study:
LAWS4106 Torts, and LAWS5103 Equity and Trusts
Incompatibility:
LAWS3383 Insurance Law
Approved quota: 60—first come first serve, but with a guaranteed place in the unit for any student enrolled in the GDIL.
Contact hours
Please refer to the timetable website for session times and venues. Attendance at all sessions is mandatory.
Note
Students must attend every day of the intensive period 18-21 July 2022. See the timetable for exact times.
Texts

Essential

Pynt, Gregory, Australian insurance law : a first reference, LexisNexis Butterworths, 2018, 4th edition.

 

Suggested Additional Texts

The two most useful alternative texts are:

•              Mann’s, Annotated Insurance Contracts Act, 7th Ed. (2016), Law Book Company

•              Enright and Merkin, Sutton on Insurance Law in Australia, 4th Ed Thomson Reuters, 2015

Other useful resources (in alphabetical order) include:

•              Australian Law Reform Commission, Report No 20, Insurance Contracts, 1982

•              Birds J, Modern Insurance Law, 9th Ed. (2013), Sweet & Maxwell Ltd

•              CCH, Australian & New Zealand Insurance Reporter

•              Clarke M, The Law of Insurance Contracts, 6th Ed. (2009), Informa Publishing

•              Derham, Subrogation in Insurance Law, The Law Book Company Ltd

•              Derrington and Ashton, The Law of Liability Insurance, 3rd Ed. (2013), LexisNexis (Butterworths)

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