Commonwealth Duty of Care to passengers on Suspected Illegal Entry Vessel

 

 

In December 2010 the Commonwealth of Australia, through Border Protection Command, was conducting an operation in Australian territorial waters in the vicinity of Christmas Island known as “Operation Resolute” which was directed towards responding to identified maritime threats, including irregular maritime arrivals.

 

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TPD – test for error in the insurer/trustee’s decision

Whether the primary judge erred in his approach to the task of the Court in reviewing the Insurer’s opinion that Mr Jones was not Totally and Permanently Disable.

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Leave to appeal

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“after consideration of medical evidence satisfactory to us”

NSURANCE – disability policy – totally and permanently disabled – insurer’s opinion – not unreasonable
INSURANCE – disability policy – insurer not an employment agency – no obligation to obtain labour market analysis

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Construing exclusions in an insurance contract

The policy should be read on the assumption that the exclusions removed claims that would otherwise be within cover. Accordingly, the claim by the trustee against one of the named insured was brought by a “third party” within the insuring clause

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