Liability Insurance Law (LAWS90025)

Graduate courseworkPoints: 12.5On Campus (Parkville)

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Overview

Availability(Quotas apply)
May
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Insurance is a cornerstone of effective risk transfer. It is often critical to the viability of commercial enterprises and transactions. That said, insurance contracts and arrangements have become increasingly complex, and specialised knowledge is required to understand their operation and limitations. This subject will provide an in-depth understanding of liability insurance, which indemnifies insureds against liability to third parties, and comprises a large part of the insurance market. It will examine the roles and obligations of participants in the insurance industry, different types of liability insurance, key principles of the common law regarding insurance, and legislative intervention, especially the Insurance Contracts Act 1984 (Cth), including recent amendments to that Act.

Indicative list of principal topics:

  • The structure and operation of contracts of liability insurance, and the main forms of liability insurance, including professional indemnity insurance, public and products liability insurance, and directors’ and officers’ insurance
  • The operation of the global insurance industry and the roles of various insurance industry participants, such as underwriters (including Lloyd's syndicates), excess insurers, co-insurers, reinsurers, captives, underwriting agents, claims officers, lawyers, insurance brokers and loss adjusters
  • An overview of the legislative and regulatory framework for the Australian insurance industry
  • The construction of insuring clauses and extensions
  • The construction of exclusion clauses and conditions, including cross-liability, severability and non-imputation clauses
  • The operation and effect of the Insurance Contracts Act 1984 (Cth) and its interplay with the laws of contract, equity and tort, on matters including:
    • The duty of utmost good faith
    • Misrepresentation and non-disclosure
    • Notification of claims and circumstances
    • Section 54 of the Insurance Contracts Act 1984 (Cth) and remedies for breach of insurance contracts
    • Cancellation of insurance contracts
    • Rights of third party beneficiaries
    • Subrogation
  • Double insurance
  • An analysis of issues requiring further legislative reform.

Intended learning outcomes

A student who has successfully completed this subject should be able to:



  • Analyse the language of liability insurance contracts, including insuring clauses, extensions, exclusions and conditions found in those contracts
  • Explain key common law and equitable principles affecting liability insurance contracts including subrogation, double insurance, waiver, estoppel and election
  • Demonstrate specialised knowledge of various forms of liability insurance contracts such as professional indemnity insurance, public and products liability insurance, and directors' and officers' insurance
  • Apply knowledge of the roles performed by participants in the insurance industry, such as underwriters (including Lloyd's syndicates), excess insurers, co-insurers, reinsurers, captives, underwriting agents, claims officers, lawyers, insurance brokers and loss adjusters
  • Apply knowledge of the Insurance Contracts Act 1984 (Cth) and its interface with the common law and equity, particularly concerning the duty of utmost good faith, misrepresentation and non-disclosure, rights of third party beneficiaries, notification of claims and circumstances, and subrogation
  • Critically evaluate the effectiveness of the Insurance Contracts Act 1984 (Cth) and the common law, and articulate arguments regarding the need for legislative reform to specialist audiences

Last updated: 5 March 2025

Eligibility and requirements

Prerequisites


Corequisites


Non-allowed subjects


Recommended background knowledge

Applicants without legal qualifications should note that subjects are taught at an advanced graduate level and requires a thorough background in common law. While efforts are made to meet the needs of students trained in other fields, teaching and assessment activities are designed to give an advanced and integrated understanding of the discipline of law for legal practitioners, learners and researchers. 

Inherent requirements (core participation requirements)

The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.

Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home

Last updated: 5 March 2025

Assessment

DescriptionTimingPercentage

Take-home examination

  • 5000 words
11 - 14 July 2025100%
Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online, however attendance at all live online sessions is expected.Throughout the teaching periodN/A

Last updated: 5 March 2025

Quotas apply to this subject

Dates & times

  • May
    Principal coordinatorJohn Tesarsch
    Mode of deliveryOn Campus (Parkville)
    Contact hours34
    Total time commitment150 hours
    Pre teaching start date30 April 2025
    Pre teaching requirementsPlease refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences.
    Teaching period28 May 2025 to 3 June 2025
    Last self-enrol date 5 May 2025
    Census date30 May 2025
    Last date to withdraw without fail11 July 2025
    Assessment period ends15 August 2025

    May contact information

    Teaching staff:  

    John Tesearch (Subject Coordinator)  
    Darryl Smith
      
    For current student enquiries, contact the Law School Academic Support Office  

What do these dates mean

Visit this webpage to find out about these key dates, including how they impact on:

  • Your tuition fees, academic transcript and statements.
  • And for Commonwealth Supported students, your:
       -  Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
     

    Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.

Additional delivery details

Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, subject quotas and waitlists.

Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options. 

Last updated: 5 March 2025

Further information

Last updated: 5 March 2025