Williams v Mercer Superannuation (Australia) Ltd

[2017] QDC 289

District Court of Queensland

Built by Barristers,
For Australian Law.

1. Equity
2. › TRUSTS AND TRUSTEES
3. › PROCEEDINGS BETWEEN TRUSTEES AND BENEFICIARIES OR THIRD PARTIES
4. › where the plaintiff was a member of a superannuation scheme administered by the defendant
5. › where the plaintiff claimed that she had suffered total and permanent disablement
6. › where the plaintiff alleged the trustee breached duties to consider relevant information and make relevant inquiries
7. › whether the insurer owed those duties
1. Contract
2. › INSURANCE CONTRACT
3. › BREACH
4. › ROLE OF THE COURT
5. › if the insurer breached its duty to act reasonably in considering the plaintiff’s claim
6. › whether the court should remit the matter to the insurer or determine whether the plaintiff is totally and permanently disabled
1. Contract
2. › INSURANCE CONTRACT
3. › where the plaintiff performed a return-to-work program for her husband as a requirement of WorkCover
4. › whether the plaintiff satisfied the six month waiting period in the insurance contract
1. Contract
2. › INSURANCE CONTRACT
3. › where the plaintiff’s position was made redundant and for that reason her employment was terminated
4. › whether the plaintiff satisfied the six month waiting period in the insurance contract
5. › whether the plaintiff’s absence was through injury or illness