Aims and objectives
The aim of the course is to provide students with an introduction to the general principles of Australian insurance law together with international insurance law perspectives. It will include an overview of the legislation that relates to insurance, particularly the Insurance Contracts Act 1984 (Cth), and the legislation that regulates the insurance industry, particularly Chapter 7 of the Corporations Act 2001 (Cth) and the Insurance Act 1973 (Cth), as well as an examination of the common law relating to insurance law. There will also be a consideration of the fundamental principles in insurance law such as the duty of utmost good faith, the duty of disclosure, double insurance, contribution, subrogation and reinsurance.
This course is taught with an emphasis on the practical application of the principles of insurance law. Therefore, the fundamental principles will be considered in a practical context. In addition, there will be a consideration of various insurance policies, standard policy conditions and exclusions as well as indemnity issues. The course will also include an examination of insurance law in a dispute resolution framework in terms of the nature of insurance disputes, dispute resolution mechanisms and insurance litigation.

The objectives of this course are to: understand the basic principles of insurance law; explain and apply general principles of insurance law; gain an understanding of the legislation that regulates insurance, especially the Insurance Contracts Act 1984 (Cth) and Chapter 7 of the Corporations Act 2001 (Cth); provide an overview of the interaction between legislation and the common law relating to insurance; understand the operation of insurance law in a practical context.

The Reading Guide contains references to the materials and texts for this subject.

MyUni is the entry point to online learning at The University of Adelaide: http://www.myuni.adelaide.edu.au./ MyUni provides students and staff with access to course materials, discussion forums, announcements, online assessment and many other features to help manage your study or teaching. 

Classes will be held on Wednesday evening from 5-8pm from 30 July to 3 September and from 8 to 15 October 2014. We will be flexible in our approach, focussing on individual student needs. Students in this course are expected to attend all classes.

TOPIC ONE
The nature and regulation of insurance in Australia and internationally

TOPIC TWO
Formation of contract, duty of good faith and duty of disclosure

TOPIC THREE
Construction of insurance policies

TOPIC FOUR
Claims processing and management

TOPIC FIVE

s.54 of the Insurance Contracts Act

TOPIC SIX

Subrogation, contribution and double insurance

TOPIC SEVEN
Special forms of insurance

TOPIC EIGHT

Election, waiver and estoppel
 

There are two components of assessment for this course. Both are compulsory. This means that if either of the items of assessment is not undertaken/submitted, the marks assigned for that assessment will be irrevocably lost, and the final mark obtainable will be reduced by that amount.

Final Examination 50%
Research Paper, 4000 words 50%
Total 100%

A. Final Examination
There will be a two hour examination (plus ten minutes reading time) in the examination period at the end of the semester. All students will be required to take this examination. You will be required to answer two questions. The exam is an open book exam: that is, students may bring into the exam any books, notes, and materials, other than books from the University Library system. The exam provides students with an opportunity to demonstrate their ability to analyse cases and legislation and solve problems associated with their application to factual scenarios.
Examination Date: 10 NOVEMBER 2014 AT 2.00PM (130 MINUTES)

B. Research Paper, 4000 words
Students will be expected to research topics and provide a logically compelling legal thesis exploring specific areas which appraises the development of areas of law as they relates to insurance.
Due Date: 19 SEPTEMBER 2014 AT 2.00PM

Presentation of Assignments
1. Students must retain a copy of all assignments submitted.
2. All assignments must be submitted via the electronic drop box on MyUni.
3. Assignments will not be accepted which do not have a signed acknowledgement of the University’s policy on plagiarism (refer to policy on plagiarism above).

Assignment Guidelines for Referencing
All written work in the Law school is required to comply with The Australian Guide to Legal Citation available at http://www.law.adelaide.edu.au/library/resources/style/

Notes on Assessment
Examination
· Demonstrated ability to identify the ratio decidendi of relevant cases and apply this ratio to novel factual situations
· Demonstrated ability to work with the statutory schemes that are relevant to novel claims
· Demonstrated ability to distinguish one case from another in the context of applying case law to the facts of novel claims
· Demonstrated ability to identify the relevant factual issues involved in novel scenarios
· Demonstrated legal problem solving skills

Fail 0-44
Paper fails to properly identify the ratio decidendi of relevant cases, fails to distinguish relevant from irrelevant cases to solving the problem posed, fails to properly apply relevant cases and legislation to solving the problem posed, and fails to identify key factual issues relevant to solving the problem posed

Conceded Pass 45-49
Paper shows some proper identification of the ratio decidendi of relevant cases, of distinguishing relevant from irrelevant cases to solving the problem posed, of applying relevant cases and legislation to solving the problem posed, and identification of key factual issues relevant to solving the problem posed.

Pass 50-64
Paper demonstrates basic understanding of the ratio decidendi of relevant cases, distinguishes and identifies relevant cases to solving the problem posed, demonstrates basic ability to apply relevant cases and legislation to solving the problem posed, but may contain a small number of errors of law, and identifies key factual issues relevant to solving the problem posed. The paper makes conclusions without sufficient supporting argument or reference to supporting authority or uses inappropriate supporting authority. Legal problem solving skills evident, but not very well developed.

Credit 65-74
Paper demonstrates a higher level of understanding of the ratio decidendi of relevant cases and the identification and application of relevant cases and legislation to solving the problem posed. A sound understanding of the relevant factual issues involved in solving the problem posed. Few errors of law and conclusions are well supported by argument and appropriate use of supporting authority. Legal problem solving skills are applied appropriately.

Distinction 75-84
High level of understanding of the ratio decidendi of relevant cases and the identification and application of relevant cases and legislation to solving the problem posed. Arguments in support of conclusions are clear and compelling. Highly developed problem solving skills are evident.

High Distinction 85 - 100
Outstanding level of understanding of the ratio decidendi of relevant cases, and the identification and application of relevant cases and legislation to solving the problem posed. Highly original and sophisticated arguments applied in support of conclusions. Outstanding problem solving skills demonstrated.

Research Paper
In addition to those for the examination, above:
· level of insight and innovative thought
· depth of analysis and level of critical examination of the issues raised
· clarity of expression
· logical planning and sequence
· demonstrated understanding of relevant legal material eg: legislation, case law;
· correct application of relevant material;
· overall presentation, including correct grammar, spelling and punctuation;
· use of resources in formulating the paper including proper acknowledgment and correct referencing

Fail 0 – 44
Does not develop coherent and rational arguments; demonstrates fundamental errors of understanding of key legal principles and concepts; little evidence of research to support arguments; demonstrates limited analytical and evaluative skills.

Conceded Pass 45-49
Paper shows some proper identification of the ratio decidendi of relevant cases, of distinguishing relevant from irrelevant cases to solving the problem posed, of applying relevant cases and legislation to solving the problem posed, and identification of key factual issues relevant to solving the problem posed.

Pass 50 – 64
Demonstrates a basic understanding of the relevant legal material eg legislation, cases and treaties; applies core texts and materials; arguments rational and coherent; adheres to referencing requirements

Credit 65 – 74
Demonstrates a high level of understanding of the relevant legal materials; has a thorough understanding of course materials; arguments are well constructed with appropriate supporting referencing; demonstrates some critical legal thinking and evaluative skills

Distinction 75 – 84
A very high standard of understanding of the relevant legal materials with some original and sophisticated perspectives included; paper demonstrates high level insight; broad ranging research undertaken; evidence of high level of critical thinking; well developed analytical and evaluative skills

High Distinction 85 - 100
Outstanding level of understanding and interpretation demonstrated. Arguments are compelling and well supported by relevant authorities, demonstrates sophisticated thinking especially in relation to difficult areas of legal application, and demonstrates highly developed written communication skills.

Penalty for Late Submission: There will be a penalty of 5% per day or part thereof for any late submission of the written work without a formal extension of time granted. Extensions are only available on medical or compassionate grounds.

Excess Word Penalty: Words in excess of the word limit will not be read. Students must indicate the word count of each assignment on the front cover of their assignment sheet.
 

Return of Assignments and Feedback
Assignments will be returned to students within 3 weeks of the due date with written feedback.

Course Results
Assignments will be returned to students within 4 weeks of the due date with written feedback.

University staff are not permitted to provide results to students over the telephone or by email. When results are approved and finalised they are available through Access Adelaide:
http://www.adelaide.edu.au/access/

Students must not submit work for an assignment that has previously been submitted for this course or any other course without prior approval from the Course Co-ordinator.
 

Plagiarism and Other Forms of Cheating
Plagiarism is a serious act of academic misconduct. The School adheres strictly to the University’s policies on examination and assessment.
Please see the University’s Policies for further information:
Plagiarism policy: http://www.adelaide.edu.au/policies/230/ Policy on Cheating in Examinations and Related forms of Assessment: http://www.adelaide.edu.au/policies/unrevised/1963/ Examinations Policy: http://www.adelaide.edu.au/policies/465/