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…While loopholes are finally closing

Amendments to the Trade Practices Act which are now are on their way to the Senate represent a win for the insurance industry. The amendments close the remaining loophole in Australia’s public liability laws and remove uncertainty for insurers about the effectiveness of state and territory tort reforms.

The changes bring actions for personal injury or death under Part V Division I of the Trade Practices Act which deals with misleading or deceptive conduct.

The Insurance Council of Australia (ICA) welcomed the passing of the amendments, which are designed to ensure the tort reforms can’t be bypassed.

An ICA spokesman said it’s the last major piece of reform to public liability laws; more than 60 bills have been passed throughout Australia. “We are very pleased the amendments have been passed. It was an essential part of the overall tort reform program.”