Commercial Law (BULAW1503) Assignment 2014
Due: Friday Week 8 at 5 pm – MUST BE SUBMITTED ON MOODLE
Weighting: 35%
The purpose of the assignment is for you to undertake independent research into a particular aspect of law, to reflect on and consider particular legal issues and to apply your legal skills. It is important for you to think through how to structure and present arguments, and to discuss what the law is or should be in a particular area. This assessment task also gives you the opportunity to put the skills you have learned in tutorials into practice.
The length of the assignment is to be approximately 2000 words. This is a guideline only but please provide a word count with the assignment. Do not include the references or bibliography in the word count. We recommend that you carefully read this information, making sure that when you write your assignment you answer the questions and sub-questions asked and address the criteria. Most marks are given for analysis; very few marks are given for the mere stating of information.See the presentation requirements and the warning about plagiarism elsewhere the Course Description.
Topic:
In 2010 the Federal Government introduced the Insurance Contracts Amendment Bill 2010 into Parliament. That Bill lapsed because the 2010 federal election was called. In 2013 amendments were made to the Insurance Contracts Act 1984 (Cth)including the insertion of an additional factor to which the court should give consideration regarding the duty of disclosure.
Required:
1. Imagine you are working for an insurance company and have been asked explain to your new manager – who knows very little about Insurance law – the duty of disclosure in Insurance Law and to provide background on its development both in common law and statute, including the effect of the 2013 amendments. You will need to refer to the relevant sections and case law in illustration of your answer. Use headings and make sure your explanation is very clear. (20 marks)

2. Consistent with the facts above, make practical recommendations to your manager about the likely impact on the company of the Insurance Contracts Act and state whether and how the company should change its policies with respect to disclosure in light of the new amendments. Use case law and legislation to explain and support your answer and recommendations. (10 marks)

3. Explain to your manager how the 2013 reforms alter the remedies available under the ICA. (5 marks)

END ASSIGNMENT QUESTIONS