Law Mutual (WA) Overview

Law Mutual is the unincorporated association or body of persons who contribute to the Law Mutual Fund for the purpose of obtaining professional indemnity insurance and which is:

(a) provided with administrative services by the Society as trustee of the Law Mutual Fund under the business name “Law Mutual (WA)”;
(b) by s 329 of the Legal Profession Act 2008 (WA) and under the name “Law Mutual (WA)”, continued as an entity under that Act; and
(c) a company within the definition of that term in s 995-1 of the Income Tax Assessment Act 1997 (Cth).

Under the Legal Profession Act 2008 the Law Society of Western Australia is required to make professional indemnity insurance arrangements for practitioners and former practitioners. Under the Legal Profession Regulations 2009, the Law Society of Western Australia is required to enter into arrangements with one or more insurers for professional indemnity insurance for practitioners and former practitioners.

The Law Society is not licensed under the Corporations Act in relation to the operation of the scheme, which is referred to as the Law Mutual insurance arrangements, and the scheme is not regulated under the Insurance Act 1973.

Risk Management

Law Mutual’s risk management mandate is stated in its Risk Management Policy (for insureds). The mandate is to assist insureds to manage the risk of professional liability in the provision of legal services.

Law Mutual (WA) offers a range of Risk Management seminars that are focused on the needs of different categories of practitioners and Law Practices and various types of claims.

The Law Mutual (WA) Risk Management Seminar Programme 2021/2022  has been developed to focus on the needs of different categories of practitioners and law practices, whilst prioritising topics from the Practice and Matter Management Guidelines and reflecting issues identified in claims and risk profiling.

Please note that there is no requirement to attend a Law Mutual (WA) risk management seminar.

However, law practices will be able to obtain a 5% discount on their total Annual Contribution Amount for the 2022/2023 insurance year, if all of the partners or practitioner directors and at least 80% of the employed practitioners of the law practice have attended at least two (2) hours of Law Mutual (WA) approved risk management training in the period 1 March 2021 to 28 February 2022, subject to certain requirements of declaration and documentary evidence of attendance being produced upon request.

Law Mutual (WA) also provides tools and resources such as the Risk Control Map and Practice Management and Matter Management Guidelines to assist practitioners. »read more

Insurance

The Insurance Arrangements are governed by the Legal Profession Act 2008, the Legal Profession Regulations 2009 and the Master Policy.

Insurance premiums can be paid by EFT, cheque, credit card or premium funding. Regulations require law practices to pay their full annual contribution and administration levy by 15 May preceding the commencement of the Insurance Year (Regulations 83 and 88). »read more

COVID-19 Pandemic

There are a number of changes to the way the Annual Contribution (premium), Administration Levies and Insured’s Contribution (excess) is calculated for the 2021/2022 insurance year. The changes are set out here.

Claims

Law Mutual (WA) manages claims against a law practice or practitioners insureds) in accordance with its Claims Management Policy.

As stated in the Policy, Law Mutual’s aim in managing claims is to:

• ensure that insureds are financially protected and able to continue to offer legal services; and
• compensate the consumers of legal services for loss caused by its insureds professional negligence.

An insured can  make a claim with Law Mutual (WA) by downloading and submit a Notify us of a Claim form.  We will do our best to ensure the  claim is handled as swiftly and efficiently as possible to avoid further distress. For more information please call us on (08) 9481 3111. »read more

Publications

Quick Links

Claims

Claims Management Policy
Notification of Claim or Circumstance Form
Ethical Guidance Panel

Insurance Arrangements

2022/23 Annual Information Booklet
2022/23 Master Policy

2021/22 Annual Information Booklet
2021/22 Master Policy
Legal Profession Act 2008
Legal Profession Regulations 2009

Risk Management

Risk Management Policy
Risk Management Seminar Registration Form
(see Risk Management Page for full Programme Details)
Risk Management Approval Form

Forms

Exemption Forms

Notification of Exemption 2022-2023
Notification of Exemption 2021-2022
Exemptions from Law Mutual (WA) Professional Indemnity Insurance Arrangements – National Law Practice Undertaking 2021/2022
Exemptions from Law Mutual (WA) Professional Indemnity Insurance Arrangements – National Law Practice Undertaking 2022/2023

Insurance Forms

2022/2023 Application Form – Existing Law Practices
2021/2022 New Law Practices
2021/2022 Form 1A — Additional Practitioner
2022/2023 Form 1A – Additional Practitioner

Contact

Level 4, 160 St Georges Terrace  Perth  WA  6000
Postal: PO Box Z5345 Perth WA  6831
Telephone:  (08) 9481 3111
Facsimile:  (08) 9481 3166
Email:  info@lawmutualwa.com.au