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The plaintiff alleges deficiencies in OnePath’s conduct and in its avoidance letter when determining to avoid a life insurance policy on grounds of fraudulent non-disclosure, including alleged failure to properly investigate explanations, provide prior notice of concerns and opportunity to respond, and advise appeal and dispute resolution processes. The document sets out the nature of the proceeding and key background facts concerning the policy, the insurer, and the claim investigation timeline.",{"@graph":63,"@context":119},[64,80,102],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":41,"@type":70,"position":76},"https://docshare.wps.com/template/letters/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/concise-statement-file-lodged-7122022/306808/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/concise-statement-file-lodged-7122022/306808.png","ImageObject",442,249,{"name":88,"@type":89},"Evangeline","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/pdf","2026-10-15","2026-09-19",true,{"@type":98,"interactionType":99,"userInteractionCount":101},"InteractionCounter",{"@type":100},"ViewAction",9,{"@type":103,"mainEntity":104},"FAQPage",[105,111,115],{"name":106,"@type":107,"acceptedAnswer":108},"What court filing is this document related to?","Question",{"text":109,"@type":110},"It is a Notice of Filing for a Concise Statement lodged with the Federal Court of Australia (Federal Court of Australia, FCA).","Answer",{"name":112,"@type":107,"acceptedAnswer":113},"What is the main legal issue raised in the proceeding?",{"text":114,"@type":110},"The case concerns what an insurer’s duty of utmost good faith requires before taking the significant step of avoiding an insurance policy for fraudulent non-disclosure.",{"name":116,"@type":107,"acceptedAnswer":117},"What does ASIC allege about OnePath’s conduct before avoiding the policy?",{"text":118,"@type":110},"ASIC alleges that OnePath proceeded to avoid the policy without properly investigating and considering the insured’s explanations, without giving notice and an opportunity to address concerns, and without notifying appeal and dispute resolution processes in the avoidance letter.","https://schema.org",{"og:url":78,"og:type":121,"og:title":59,"og:site_name":91,"og:description":61},"article",{"robots":123,"canonical":78},"index,follow",{"doc_id":125,"site_id":56},306808,1791350385,{"code":4,"msg":5,"data":128},{"doc_id":125,"user_id":129,"nickname":88,"user_avatar":130,"doc_module":9,"category_id":40,"category_name":41,"doc_title":59,"doc_description":61,"doc_content":131,"file_id":132,"file_url":133,"file_type":134,"file_size":135,"view_count":101,"is_deleted":4,"is_public":9,"is_downloadable":9,"audit_status":9,"page_count":136,"language":137,"language_code":57,"site_id":56,"html_lang":57,"table_of_contents":138,"faqs":139,"seo_title":140,"seo_description":61,"update_tm":141,"read_time":76},13056703019662,"https://ap-avatar.wpscdn.com/avatar/be000253a8e92610077?_k=1778726343310543188","NOTICE OF FILING  \nDetails of Filing  \nDocument Lodged: Concise Statement  \nCourt of Filing FEDERAL COURT OF AUSTRALIA (FCA)  \nDate of Lodgment: 7/12/2022 11:12:56 AM AEDT  \nDate Accepted for Filing: 7/12/2022 4:22:49 PM AEDT  \nFile Number: NSD1052/2022  \nFile Title: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v  \nONEPATH LIFE LIMITED ACN 009 657 176  \nRegistry: NEW SOUTH WALES REGISTRY-FEDERAL COURT OF AUSTRALIA  \nRegistrar  \nImportant Information  \nThis Notice has been inserted as the first page of the document which has been accepted for electronic filing. It is now taken to be part of that document for the purposes of the proceeding in the Court and contains important information for all parties to that proceeding. It must be included in the document served on each of those parties.  \nThe date of the filing of the document is determined pursuant to the Court’s Rules.  \nConcise Statement  \nNo. NSD of 2022  \nFederal Court of Australia  \nDistrict Registry: New South Wales  \nDivision: General  \nAUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION  \nPlaintiff  \nONEPATH LIFE LIMITED (ACN 009 657 176)  \nDefendant  \nA. NATURE OF PROCEEDING  \n1. This proceeding raises important issues about what an insurer’s duty of utmost good faith requires of that insurer prior to taking the significant step of determining to avoid an insurance policy on the grounds of fraudulent non-disclosure. The defendant (OnePath) entered into a life insurance contract (the Policy) with the Insured (a pseudonym) . OnePath later investigated a claim made by the Insured, before determining to avoid the Policy. The plaintiff (ASIC) alleges deficiencies as to OnePath’s conduct before determining to avoid the Policy, and the contents of OnePath’s avoidance letter.  \n2. ASIC contends that by:  \n(a) proceeding to avoid the Policy on the basis of fraud without properly investigating or taking account of the Insured’s explanations as to apparent non-disclosures and misrepresentations;  \n(b) proceeding to avoid the Policy without first giving notice that it held concerns that the Insured’s application for cover had been fraudulent, the basis for those concerns, and without giving an opportunity to address those concerns; and/or  \n(c) failing, in its avoidance letter, to notify the Insured of appeal and dispute resolution processes,  \n(in each instance as outlined more fully below), OnePath contravened s 13(2A) of the Insurance Contracts Act 1984 (Cth) (ICA) .  \nB. IMPORTANT FACTS GIVING RISE TO THE CLAIM  \nB1. OnePath  \n3. At all material times, OnePath held Australian Financial Services Licence No 238 341 under which it engaged in the business of offering to consumers contracts of insurance within the meaning of the ICA.  \n4. From 30 November 2009 to 30 May 2019, OnePath was a wholly owned subsidiary of the ANZ Banking Group Limited (ANZ) . On 31 May 2019, OnePath became a wholly owned subsidiary of Zurich Financial Services Australia Limited.  \nFiled on behalf of Australian Securities and Investment Commission, the Plaintiff  \nPrepared by Gina Wilson  \nLaw firm Maddocks Lawyers  \nTel (03) 9258 3005 Fax 03 9258 3666  \n[Email ](Email gina.wilson@maddocks.com.au)[gina.wilson@maddocks.com.au](Email gina.wilson@maddocks.com.au) Ref GLW:9021428   \nAddress for service  Level 25, Tower Two, 727 Collins Street, Melbourne VIC 3008 [9021428:35741946_3]  \n2  \nB2. The Policy  \n5. The Insured was born in December 1957. She worked as a nurse until 2018.  \n6. On 15 March and 18 May 2016, the Insured met with an ANZ financial adviser (the Financial Adviser) at an ANZ branch in Grafton, New South Wales. The Financial Adviser recommended that the Insured seek income protection and life insurance cover with OnePath. The Financial Adviser assisted the Insured in completing a OnePath Application form (the Application Form) .  \n7. On 18 May 2016, the Financial Adviser submitted the Application Form to OnePath.  \n8. On 15 June 2016, OnePath offered income protection and life insurance co","cbCail3tTmN9Qq4f","https://ap.wps.com/l/cbCail3tTmN9Qq4f","pdf",476946,8,"English","# Nature of Proceeding\n## Important Facts Giving Rise to the Claim\n### OnePath\n### The Policy\n### The Shoulder Injury Claim\n### The OnePath Investigation","[{\"question\":\"What court filing is this document related to?\",\"answer\":\"It is a Notice of Filing for a Concise Statement lodged with the Federal Court of Australia (Federal Court of Australia, FCA).\"},{\"question\":\"What is the main legal issue raised in the proceeding?\",\"answer\":\"The case concerns what an insurer’s duty of utmost good faith requires before taking the significant step of avoiding an insurance policy for fraudulent non-disclosure.\"},{\"question\":\"What does ASIC allege about OnePath’s conduct before avoiding the policy?\",\"answer\":\"ASIC alleges that OnePath proceeded to avoid the policy without properly investigating and considering the insured’s explanations, without giving notice and an opportunity to address concerns, and without notifying appeal and dispute resolution processes in the avoidance letter.\"}]","Concise Statement - File Lodged 7/12/2022 | PDF",1789841367]