Get one free call to our Employee Relations Advice Centre. Find out more.

Our Business Services

Chamber of Commerce & Industry WA

With over 130 years of experience representing WA businesses, we’re ready to help with the resources and advice you need to succeed.

Employee Relations Helpline

Employee Relations Helpline

Get timely, reliable and practical employee relations advice on employment laws, the awards system and other human resource matters. CCIWA Members get unlimited access.

Legal Services

Legal Services

Our team of experienced, client-focused business lawyers offer a full range of Commercial Law & Employment Law services for all your essential legal needs.

Accounting & Taxation Services

Optima Partners and CCIWA

Innovative and personalised accounting, taxation and business advisory services that focus on delivering the best results to help your business grow.

Workplace Health & Safety Services

Workplace Health & Safety Services

Unlock the potential of your business with our suite of staff training and development programs, crafted by workplace relations experts and tailored to your business needs.

Construction & Mining IR Services

Construction & Mining IR Services

We offer extensive, independent and practical industrial and labour relations support to the engineering, construction and mining industries.

Workplace Training & Development

Workplace Training & Development

Unlock the potential of your business with our suite of staff training and development programs, crafted by workplace relations experts and tailored to your business needs.

Apprenticeship Support Australia WA

Apprenticeship Support Australia WA

Our dedicated team specialises in assisting employers maximise the benefits of investing in apprenticeships and traineeships to build local skills for the diverse WA workforce. Our team of experts will provide all the advice, support and services you need — free of charge.

Work Integrated Learning – Internships

Work Integrated Learning - Internships

Tap into WA’s future workforce with our Work Integrated Learning – Internships program. This free service facilitates university student work experience placements for your business.

Industry Capability Network WA

Industry Capability Network WA

Connecting your business with mining, construction, infrastructure, defence and other major projects using the ICN Gateway.

International Trade Services

International Trade Services

Take your business global using our comprehensive suite of international trade services to streamline importing and exporting, reduce risks and identify international partners.

Ruling opens door to COVID-19 claims

Businesses that closed due to COVID-19 could potentially claim significant payouts from insurers after the Insurance Council of Australia (ICA) lost a test case in the NSW Court of Appeal.

Last week, the court ruled that clauses in insurance policies that excluded damage from viruses considered quarantinable under the Quarantine Act were invalid because the law was repealed in 2015 and replaced.

The case HDI Global Specialty SE v Wonkana No. 3 Pty Ltd [2020] NSWCA 296 involved a Tamworth Tourist Park that was forced to close during the outbreak of COVID-19.

A unanimous decision of five NSW Court of Appeal judges upheld the tourist park’s argument that COVID-19 was not a disease declared to be quarantinable disease under the Quarantine Act 1908.

Law firm Clayton Utz, who acted for the insured, said: “insureds whose claims have been denied or held-up on the basis of the Quarantine Act exclusion now have judicial support to press their insurers for the prompt finalisation of those claims.”

The ICA argued that reference to the Quarantine Act should be interpreted to mean the Biosecurity Act, which replaced the Quarantine Act in 2015.

Judge David Hammerschlag said that in not amending their policy documents to refer to the Biosecurity Act, one may suspect that a mistake was made – but this suspicion was insufficient.

“If the insurers had made a mistake and they wished to contend that the insureds shared in that mistake when entering the policy, it was open to seek to rectify the policies, but no such application was made,” he said.

He said it would have made commercial sense for the policy to refer to a current law rather than one repealed four years earlier.

The ICA said it was considering appealing to the High Court, and is looking at pursuing a further test case over business interruption claims.

“The industry’s intention is that it would again meet the costs of both the policyholders and the insurers in any legal process, in the same fashion as the first test case regarding the Quarantine Act,” the ICA said in a statement.

“The industry seeks to progress a court resolution of these matters quickly, and regardless of any decision around an appeal on the first test case.

“The Insurance Council will continue to work with all stakeholders and government to provide clarity for all parties and the industry. It will provide an update on these matters as soon as they are settled in coming weeks.”

Share This Post