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.
Read the full text
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- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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All precedents for Insurance Law · Tasks and AI use in this area