QBE Insurance Limited and Suncorp Metway Insurance Limited v Judith Annette Aulich

QBE Insurance Limited and Suncorp Metway Insurance Limited appealed to the Supreme Court of the Australian Capital Territory against a successful application to enforce a charge on insurance moneys against the insurers. The dispute concerned the interpretation of the *Law Reform (Miscellaneous Provisions) Act 1955* (ACT) Part 8, specifically when a charge attaches to insurance moneys in the context of claims made and notified policies with unlimited retroactive cover.

The central legal issue before the Court was to determine when, under the *Law Reform (Miscellaneous Provisions) Act 1955* (ACT) Part 8, a charge attaches to insurance moneys. This required the Court to consider the meaning of "the event giving rise to the claim" in relation to policies that operate on a "claims made and notified" basis, and whether unlimited retroactive cover altered this determination.

The Court dismissed the application for leave to appeal, upholding the primary decision. The reasoning focused on the nature of "claims made and notified" policies, where liability to indemnify the insured arises only when a claim is made against the insured and notified to the insurer. Consequently, the charge under the Act attaches at that point, not at the time of the underlying event that gave rise to the claim, even with unlimited retroactive cover. The Court found that the charge attaches to the insurer's liability to indemnify the insured, which crystallises upon notification of the claim.