The Law Society of New South Wales v Attorney General of New South Wales; ABC Insurance Pty Ltd v The Law Society of New South Wales

[2024] NSWCA 90

NSW Court of Appeal

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Catchwords

1. Insurance
2. › Liability insurance
3. › Professional indemnity insurance
4. › Legal practitioners
5. › Approved insurance policy
6. › Whether s 95(2) of Legal Profession Uniform Law Application Act 2014 (NSW) confers power on Attorney General to approve insurer under policy
7. › Whether s 95 is a 'legislative arrangement for the approval or selection of insurers' for purposes of s 210(1)(a) of Legal Profession Uniform Law (NSW)
8. › Legal Profession Uniform Law Application Act 2014 (NSW), s 95
9. › Legal Profession Uniform Law (NSW), s 210
1. Statutes
2. › Construction
3. › Uniform legislation
4. › Interaction between uniform law and jurisdictional application legislation
5. › Whether jurisdictional provision 'supplements' or 'replaces' uniform law provision
6. › Role of intergovernmental agreement and legislative history in construction
7. › Legal Profession Uniform Law Application Act 2014 (NSW), ss 94, 95
8. › Legal Profession Uniform Law (NSW), s 210

Quick Take

Solicitors in NSW cannot obtain professional indemnity insurance from any insurer other than one approved by the Attorney General under s 95(2) of the NSW Application Act; an APRA-authorised insurer cannot bypass the Attorney General's approval process by relying directly on s 210(1)(a)(ii)(A) of the LPUL.