Law Council of Australia

Legal Practice Section

Joint Consultation on General Insurance Approaches

Submission Date: 5 December 2024

This submission has been prepared by the Consumer Law Committee and National Insurance Law Committee of the Law Council of Australia’s Legal Practice Section. The Committee is pleased to have the opportunity to respond to AFCA’s Approach consultation in respect of:

  1. Approach to the duty to take reasonable care not to make a misrepresentation (new); and
  2. Approach to non-disclosure and misrepresentation (updated)

The Approach documents are timely and important resources for consumers and the insurance industry in understanding AFCA’s approach to disputes arising in respect of these general insurance duties. This is particularly the case in respect of the duty to take reasonable care not to make a misrepresentation, which is a less established duty, but which can be expected to arise frequently within AFCA’s dispute resolution jurisdiction.

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Last Updated on 30/04/2025

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