Section 6(1) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) does not create a statutory charge on insurance moneys where the claims-made insurance contract was entered into after the event giving rise to the claim against the insured. The words 'may become payable' refer to uncertainty about quantum or conditions under an existing policy, not to the possibility that a future insurance contract might be entered into. Practitioners seeking to proceed directly against an insurer under s 6 must establish that the insurance contract was in existence at the time the cause of action against the insured was complete. Where the insured is in liquidation and the policy post-dates the event, s 562 of the Corporations Act 2001 (Cth) may provide an alternative pathway.
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