ABSTRACT
Shortcomings have been identified with both the Australian and New Zealand approaches; these have been acknowledged in both jurisdictions, as well as overseas. Nevertheless, despite criticism and officially sanctioned reviews, practitioners in both jurisdictions have accepted the respective approaches and now view them as coping reasonably well with the challenges confronting them. There is little evidence of a current political appetite for further reform of the law in Australia. While in New Zealand there has recently been a further review of insurance contract law, the Review’s proposals in relation to matters considered in this volume are relatively modest and have yet to be implemented. It is submitted that any jurisdiction implementing such reforms would benefit from a regime that offered advantages over any of its counterparts.
