The professional indemnity landscape in Australia is in a continual state of flux. Changes in this area can be important and relevant to individual circumstances.

The area is also relatively complex. This sub-topic deals with the position at a general or “macro” level. The precise position of in-house lawyers requires individual consideration.

Professional indemnity insurance is available to in-house lawyers in the same way that it is available to the profession generally.

In many instances, it will not be compulsory for lawyers to have professional indemnity insurance; however, the advantages of having insurance coverage should still be considered.

A professional indemnity insurance policy is written on a “claims made” basis i.e. if a claim is made against a lawyer, generally speaking, it is the policy in existence at the time the claim is made which is relevant to the claim. Care should be taken when an in-house lawyer is considering dropping their insurance cover.

See General principles and regulatory issues.

This guidance note considers compulsory professional indemnity insurance, “top-up” and “run-off” insurance, as well as other insurance protection.

See Types of insurance.