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Wednesday, 9 May 1984
Page: 1868


Senator ARCHER(6.41) —The Opposition believes that the proposition put forward in clause 76 is unnecessary and undesirable. There has been a massive amount of common law over a considerable period relative to the question of the contribution on the settlement of claims. With a bit of touching up, it is far better to stand by the principles that have been established than to go into a new and artificial basis. If we can arrange that the major insurers settle and claim from other insurers where they share the risk, it will enable the insured to be paid at a primary level. However, to go through some artificial scheme of setting up a basis of settlement is totally unnecessary. If we stand by the old contribution clause, which is well understood as an insurance term, everybody will know exactly where he stands. I do not think it is contrary to what the Government has in mind. In fact, it seems to fit in slightly better than what it has in mind. It would certainly simplify the matter . I see no reason for making something difficult when we could do it in this way .