Australian Mutual Provident Society v Goulden [1986] HCA 24

Australian Mutual Provident Society v Goulden [1986] HCA 24

Section 49K(1) of the Anti-Discrimination Act 1977 N.S.W., even when read with ss. 49M and 49N, would render prima facie unlawful discrimination by registered life insurance companies on the ground of physical impairment in accepting proposals, classifying risks, and fixing premiums or other terms, unless the company could affirmatively bring itself within the State Act exceptions. That operation would qualify, impair and significantly negate the legislative scheme of the Life Insurance Act 1945 Cth, which protects policy holders by allowing registered life insurers to classify risks and set premiums according to actuarial advice and prudent insurance practice. To that extent, s. 49K(1)...

Jurisdiction
Australia
Procedural Posture
Original Jurisdiction Action Seeking a Declaration of Invalidity for Inconsistency / Demurrer by the First Defendant to the Statement of Claim
Outcome
Demurrer overruled with costs; judgment for the plaintiff in the action with costs to be paid by the first defendant.
Legal Topics
['section 109 Inconsistency' 'life Insurance Business Regulation' 'physical Impairment Discrimination' 'classification of Insurance Risks and Premiums' 'demurrer']
['constitutional Law' 'insurance Law' 'anti Discrimination Law'] ['section 109 Inconsistency' 'life Insurance Business Regulation' 'physical Impairment Discrimination' 'classification of Insurance Risks and Premiums' 'demurrer']

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Procedural Posture

Original Jurisdiction Action Seeking a Declaration of Invalidity for Inconsistency / Demurrer by the First Defendant to the Statement of Claim

Legal Issues

  1. 1 ['Whether s. 49K of the Anti-Discrimination Act 1977 N.S.W. is inconsistent with the Life Insurance Act 1945 Cth insofar as it purports to apply to the life insurance business of registered life insurance companies.' 'Whether the exceptions in ss. 49M and 49N of the Anti-Discrimination Act 1977 N.S.W. avoid any inconsistency between s. 49K(1) and the Life Insurance Act 1945 Cth.']

Ratio Decidendi

Section 49K(1) of the Anti-Discrimination Act 1977 N.S.W., even when read with ss. 49M and 49N, would render prima facie unlawful discrimination by registered life insurance companies on the ground of physical impairment in accepting proposals, classifying risks, and fixing premiums or other terms, unless the company could affirmatively bring itself within the State Act exceptions. That operation would qualify, impair and significantly negate the legislative scheme of the Life Insurance Act 1945 Cth, which protects policy holders by allowing registered life insurers to classify risks and set premiums according to actuarial advice and prudent insurance practice. To that extent, s. 49K(1)...

Court Disposition

Demurrer overruled with costs; judgment for the plaintiff in the action with costs to be paid by the first defendant.

Orders

  • ['Demurrer overruled with costs.' 'Judgment for the plaintiff in the action with costs to be paid by the first defendant.']