Checklist · Insurance Law

Subrogation limits against family and a permitted driver

Checklist of Insurance Contracts Act 1984 section 65, which limits subrogation against a family member or a person allowed to use the insured vehicle.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, Commonwealth
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the authority it cites, for Australia and Commonwealth.
Version
1
Source
Written for this library

When to use it

Use when an insurer, having indemnified an insured, is considering recovery from a person with a family or personal relationship to the insured, or from a person the insured allowed to use a road motor vehicle. It does not map contribution between insurers.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may list the people named in the claim file and any policy those people hold. It must not decide that conduct was serious or wilful misconduct.

AI may

  • List the third parties named in the loss file and any relationship stated in a document
  • Note whether a document in the file says the third party is insured for the liability
  • Flag a proposed letter that asks the insured to assign rights before payment

AI must not

  • Must not decide that a relationship is a family or other personal relationship
  • Must not decide that conduct was serious or wilful misconduct
  • Must not draft a recovery demand or an assignment

The lawyer checks

  • Section 65(1) and the employment and misconduct exceptions in subsection (2) are applied to the facts
  • If the third party is insured, recovery does not exceed subsection (4)
  • No assignment of rights is sought as a condition of payment

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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