Accountability of insurers under s 54: Striking the balance between commerciality and consumer protection

Tarr, Julie-Anne (2015) Accountability of insurers under s 54: Striking the balance between commerciality and consumer protection. Australian Business Law Review, 43(1), pp. 167-173.


Section 54 of the Insurance Contracts Act 1984 (Cth) continues to occupy a prominent position in insurance-related litigation. This section which imposes a concept of causation, or prejudice to the insurer, to restrict an insurer’s reliance upon contractual terms to avoid liability for particular claims, is often before the courts. This note focuses upon the recent High Court of Australia decision in Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33.

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ID Code: 90000
Item Type: Journal Article
Refereed: Yes
Keywords: Insurance Contracts Act 54, consumer protection, insurance, commerciality, insurer accountability
ISSN: 0310-1053
Divisions: Current > QUT Faculties and Divisions > QUT Business School
Current > Schools > School of Accountancy
Copyright Owner: Lawbook Co
Deposited On: 05 Nov 2015 04:46
Last Modified: 07 Jul 2016 15:33

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