Table of Contents

Terms of Reference

Participants

Letter of Submission

Summary of Recommendations

Part 1. Background to Recommendations

CHAPTER 1. COMMUNITY LAW REFORM PROGRAM AND THIS REFERENCE

CHAPTER 2. THE ISSUES FOR LAW REFORM - ILLUSTRATIONS - RECENT CASES

• Kolokythas & Anor. v. The Federation Insurance Limited
• Bazouni v. Sun Alliance Insurance Limited
• Later Decisions
• Comment

CHAPTER 3. THE SOURCE OF THE PROBLEM

• Common Law
• The Duty of Disclosure, and Materiality
• Misrepresentation
• Basis of Contract Clauses

CHAPTER 4. LEGISLATIVE REFORM IN NEW SOUTH WALES

• Insurance Act, 1902
• Contracts Review Act, 1980
• Consumer Credit Act 1981
• Effect of Sections 137 and 138 of Consumer Credit Act, 1981
• Section 137 and Kolokythas
• Section 137 and Bazouni
• Section 137 and Lambert v. Co-operative Insurance Society Limited
• Section 137 and Preece v. The State Insurance General Manager
• Sections 137 and 138 - Some Conclusions

CHAPTER 5. LEGISLATIVE REFORM OUTSIDE NEW SOUTH WALES

• Life Insurance Act 1945 (Cth)
• Instruments Act 1958 (Vic.)
• New Zealand
• Conclusion

CHAPTER 6. LAW REFORM RECOMMENDATIONS BY OTHERS

• England
• The Australian Law Reform Commission

Part II. Recommendations for Reform

CHAPTER 7. REFORM IN RELATION TO NON-DISCLOSURE, MISREPRESENTATION AND BASIS OF CONTRACT CLAUSES

• Our Approach
• Overcoming the Deficiencies
• A Fair Accommodation?
• An Incentive to Dishonesty?
• Legislative Harmony
• Problems of interpretation
• Retention of Section 18
• Recommendations

APPENDIXES

I. INSURANCE (AMENDMENT) BILL, 1982

II. EXCLUSIONS DESCRIBED IN PARAGRAPH 7.39 OF RECOMMENDATIONS

• Recommendations do not Apply to Life Insurance or Marine Insurance
• Recommendations do not Apply to Certain Other Insurance
• Insurance Contracts Subject to the Consumer Credit Act, 1981