American International Assurance Company (Australia) Ltd v Skewes

American International Assurance Company (Australia) Ltd brought this appeal against a decision of the Victorian Civil and Administrative Tribunal (VCAT) which found that it had jurisdiction to hear a claim brought by Mr Skewes under a disability insurance policy issued by the appellant. The claim was for disability benefits under a policy issued by the appellant in relation to a workplace accident. The tribunal had found that it had jurisdiction to hear the claim under the Fair Trading Act 1999, and the appellant sought to appeal that finding of jurisdiction. The primary legal issue before the court was whether a disability claim under an employer's superannuation insurance policy was excluded from VCAT's jurisdiction as a "dispute or claim related to a personal injury". The court examined the language of the Fair Trading Act 1999 and the Victorian Civil and Administrative Tribunal Act 1998, and found that the term "personal injury" was not intended to exclude claims for disability benefits under a superannuation insurance policy. The court held that the tribunal had jurisdiction to hear the claim, and dismissed the appeal. The court found that the language of the relevant statutes did not exclude disability claims under superannuation insurance policies from VCAT's jurisdiction, and that the tribunal was therefore correct to find that it had jurisdiction to hear the claim. The court noted that the purpose of the Fair Trading Act 1999 was to provide a quick, inexpensive and informal forum for the resolution of disputes, and that this purpose was not defeated by the inclusion of disability claims under superannuation insurance policies within the tribunal's jurisdiction. The appeal was dismissed with costs.