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Total and Permanent Disablement in Superannuation and Insurance

Book $70.00 (inc GST)
eBook $70.00 (inc GST)

The new 2017 edition is now available for pre-order. 

Written by John Riordan, Total and Permanent Disablement in Superannuation and Insurance is an exciting new Australian work that 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.

The first comprehensive account in this largely-ignored area in which the cover provided has often been overlooked, the book 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
  • comprehensive discussions of over 130 cases, including both historic precedents and up-to-date case law as recent as December 2015.

The book 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.

Of this important new title, the Hon Michael Kirby AC writes,

'This book shines a most welcome light upon a confined but important and practical problem: the meaning and application of total and permanent disablement in the resulting superannuation and insurance law. This is an area of law that has been largely ignored by legal texts.

To fill the gap, John Riordan has written this useful and practical work for judges, tribunal decision makers, advocates, industry personnel and citizens facing problems. It covers both the law applied in the general courts and the complex statutory provisions that have sprung up to afford cheap and accessible decision making.

He illuminates the duties of trustees and insurers. He demonstrates the responsibility of claimants to provide materials to support their claims. And he offers a pathway through this distinctively Australian legal forest in which the unaided traveller can easily get lost'.

The Hon Michael Kirby AC, CMG, Justice of the High Court of Australia (1996-2009) and Editor-in-Chief of The Laws of Australia (2009-)

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