LAWS5135 Select Topics in Insurance Law

6 points
Not available in 2020UWA (Perth)Face to face
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.
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.
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
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
LAWS4109 Legal Theory and Ethics

Graduate Diploma in Insurance law students: LAWS5890 Insurance Claims and Dispute Resolution
LAWS5891 Principles and Practice of General Insurance Law
LAWS5892 Principles and Practice of Life Insurance Law OR a completed Law degree
Advisable prior study:
LAWS4106 Torts,
LAWS5103 Equity and Trusts
LAWS3383 Insurance Law
Contact hours
Teaching dates for this unit are 6-9 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.
  • Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary reading', 'Recommended reading' and 'Textbooks' are, in most cases, available via the Booktopia Textbook Finder, which has the functionality to search by course code, course, ISBN and title, and may also be posted or available at the appropriate school's administrative offices. Where texts are listed in the unit description above, an asterisk (*) indicates that the book is available in paperback.