An insurer seeking to rely on non-disclosure to avoid liability under a motor vehicle policy must prove compliance with s 22(1) of the Insurance Contracts Act 1984 (Cth) — that it 'clearly informed' the insured of the duty of disclosure before the contract was entered into. Merely obtaining a signed proposal form containing a declaration that the insured has read the duty of disclosure information is not necessarily sufficient, particularly where the tribunal does not accept that the insured's attention was drawn to the relevant notice. On an appeal limited to questions of law, the party bearing the onus of proof cannot succeed on a 'no evidence' ground where the tribunal simply did not accept its evidence. A tribunal's use of language that is for practical purposes equivalent to the statutory test does not constitute an error of law.
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