References:
Insurance Contracts Act 1984 (Cth), in particular section 13
ALRC 20 at [328]
General Insurance Code of Practice
Sutton in Insurance Law in Australia (3rd Ed, LBC Information Services, 1999)
Case Law – CGU Insurance Ltd v AMP Financial Planning Pty Ltd (2007) 235 CLR1
Sheldon v Sun Alliance Ltd (1989) 53 SASR 97 at 152
Kelly v New Zealand, Insurance Ltd (1996) 9 AN Ins Cas 67-317; 130 FLR 97 at 76, 518-76, 520 (ANZ Ins Cas), 111-112 (FLR)
Russell v NRMA Insurance Ltd (unreported, NSW Sup Ct, Rogers CJ Comm D, 8 November 1988).
Moss v Sun Alliance Australia Ltd (1990) 55 SASR 145
Re Zurich Australian Insurance Ltd [1999] 2 Qd R 203
Gutteridge v Commonwealth of Australia (unreported, Ambrose J, QLD Sup Ct, 25 June 1993).
Wyllie v National Mutual Life Association of Australasia Ltd (1997) 217 ALR 324
Gugliotti v Commercial Union Assurance Co of Australia (1992) 15 MVR 463
Hammer Waste Pty Ltd v QBE Mercantile Mutual Ltd [2002] NSWSC 1006
The above must be cited and you are to include other case law that you research outside of the above, such as review papers by Justice Kirby – if you cannot locate please advise and I will provide to you.
The criteria for assessment is outlined below.
All must be satisfied to obtain a Distinction i.e. all in H3, all in H2B and all in H2A.
Research Paper Criteria
H3 50/100
Legal Discourse The paper demonstrates a solid understanding of key legal concepts, institutional structures and jurisdiction.
Academic language and concepts are used appropriately.
Legal Research An ability to use legal and other academic resources including finding cases, legislation, use legal encyclopaedias.
An understanding of the requirements of academic originality including referencing and an ability to write original analysis.
Preparation, patience and a capacity to read and comprehend task parameters.
Professionalism & Legal Literacies Ability to plan time and complete the bulk of work to deadlines.
Presentation in an appropriate academic style.
H2B 60/100
Legal Discourse A capacity to draw on experience across the law course and to draw on some interdisciplinary analysis.
Synthesis of critical analysis from different sources and ability to critically evaluate those sources.
Legal Research A technical understanding of the connections between legal authorities and the ebb and flow of legal discourse development.
A high level of information literacy.
Professionalism & Legal Literacies Presentation in a professional style, only minor errors permitted.
Understanding ethical issues for researchers.
H2A 70/100
Legal Discourse Ability to draw connections across bodies of law, demonstrate understanding of how different bodies of law work together both across jurisdictions and within a single legal system.
Connecting research to theoretical concepts such as rights, sovereignty and rule of law.
Legal Research Demonstrate critical information literacy, including an understanding of the gaps in authority and discourse.
Balancing alternatives and understanding the concept of readership and various readers’ need for information and recommendations.
Professionalism & Legal Literacies Understanding the ethics of public sphere lawyering and accountability.
High level presentation, no errors.
H1 80/100
Legal Discourse A superior level of interdisciplinary analysis which demonstrates an understanding of differences between law and other discourses.*
Ability to describe and evaluate the evolution of legal discourse and precedents, to draw historical and spatial connections between authority and society.
Legal Research Superior research skills and a thorough knowledge of academic and legal information systems.
Drawing connections between the theory, practice and ethics of research as a socially situated practice.
Professionalism & Legal Literacies Engage ethically and professionally with research.
Exemplary presentation skills.
