The Policy Defence - Excessive in Implementation? Prior to the Ipp report, the insurance industry in Australia was in the midst of a crisis[1]. Increasing numbers of claims and claims costs caused insurers to suffer increasing losses[2], translating

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The Policy Defence - Excessive in Implementation?

Prior to the Ipp report, the insurance industry in Australia was in the midst of a crisis1. Increasing numbers of claims and claims costs caused insurers to suffer increasing losses2, translating to higher insurance premiums. Of the many parties affected, local governments were among those most severely affected3. The crisis accentuated the public's mistrust of the law of negligence4. Confidence was further eroded with judgments that ran contrary to the public's sense of moral justice5. Thus, the Ipp Report was commissioned with an aim to re-instil public confidence in the law of negligence as well as to improve the affordability of public liability insurance6. Given the deadlines7 and the limited terms of reference8, it was unlikely to be a complete guide for reforms in the area of negligence. It would thus be unfair to brand the report, and the changes effected as a result, a failure. Therefore, while certain changes will inevitably attract criticism, credit should be given where due.

Recommendations regarding negligence-based claims on statutory authorities9 and their respective implementations in the Civil Liability Acts of various states have been heavily criticized. Thus, the relevant recommendations and their implementation