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OVERVIEW

Total and Permanent Disablement in Superannuation and Insurance provides a conceptual framework and in-depth consideration of the case law and its application for the purposes of evaluating total and permanent disablement in the areas of superannuation and insurance.

This book discusses over 130 cases (including both historic precedents and up-to-date case law), deals with claims both under the general law and the separate statutory system and will prove to be a highly valuable resource for anyone working in, or having an interest in, this complex area of law.

KEY FEATURES

Continuing the comprehensive account in this largely-ignored area, in which the cover provided has often been overlooked, the second edition provides:

  • an extensive account of the law relating to superannuation claims
  • the definitions, the usual terms, and particular interpretations of disablement
  • full details of the duties of trustees and insurers in the context of superannuation
  • recognition of the responsibility of claimants to provide some material to support their claim
  • a detailed discussion of the claims process, Court review of trustee and insurer determinations, as well as the role and function of the Superannuation Complaints Tribunal.

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