Nawaar Hassan practises in insurance, employment and industrial, superannuation and commercial law.
Insurance
Nawaar has specialist expertise in insurance law. She acts both for insurers and insureds in indemnity disputes, defence of claims and subrogated recovery.
She regularly acts in both general and life insurance matters involving issues of the non-disclosure, fraud, extent of cover and application of exclusions.
Nawaar has experience across the field of general insurance including:
- Professional indemnity
- Building and property
- Business interruption
- Public liability
- Owners Corporation and Strata
- Marine and transport
Nawaar is an expert in life, total and permanent disability, income protection, accident and trauma cover. Her experience includes both group and retail policies. Her work has involved disputes about the:
- Definition of the insured event and eligibility for benefits
- Application of takeover terms
- Commencement and cessation of cover
- Exclusions for pre-existing conditions
- Application of offset provisions for workers compensation and other benefits
- Historical claims and prejudice to the insurer
- Right of the insurer to access documents and information
Employment and industrial law
Nawaar practices in employment and industrial law. Her recent matters have involved:
- Civil remedy contraventions of the Fair Work Act 2009
- Questions of construction of industrial instruments, the Fair Work Act 2009 and long service leave legislation
- Restraints of trade
- Employee-or-contractor disputes
- Coverage of modern awards
- Extraterritorial application of the Fair Work Act 2009
Superannuation
Nawaar has extensive experience in superannuation law. She has regularly acted in matters involving both regulated superannuation funds and statutory schemes. Her work in the superannuation field has included issues such as:
- Breach of trustees' fiduciary and statutory obligations
- Interpretation and application of fund rules
- Calculation of defined benefits and the operation of offset provisions
- Calculation of mandatory contributions in statutory and defined benefit schemes
- Eligibility for benefits including disability benefits and defined benefits
- Distribution of death benefits
- Judicial review of decisions involving statutory schemes
- Consequences of employer failure to make on-time contributions
Commercial
Nawaar practices across a range of commercial disputes. Her broad experience includes matters involving:
- Contractual disputes
- Consumer law
- Building and construction
- Property, leasing and mortgages
- Sales of business
- Banking and credit
- Partnerships
Before coming to the Bar Nawaar worked as the Associate to Justice Cavanough of the Supreme Court of Victoria and to Judge Taft of the County Court of Victoria.
Nawaar also worked at DLA Phillips Fox (now DLA Piper) where she was involved in insurance and professional indemnity litigation, maritime, trade & transport, and administrative law matters.
Nawaar read with Christopher Horan QC (now Justice Horan of the Federal Court of Australia). Her senior mentor was Samantha Marks QC (now Judge Marks of the County Court of Victoria).
