Author: Sebastian Campbell

Two Out of Three Ain’t Bad: ASIC v Auto & General Insurance Company Limited [2024] FCA 272

The recent decision of Jackman J in ASIC v Auto & General Insurance Company Limited was the first judicial consideration of the unfair contract terms regime under the ASIC Act in relation to an insurance contract. The impugned notification clause was found not to satisfy two out of three limbs of the definition of ‘unfair’.