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duty of disclosure

Duty of disclosure: what it means and the consequences of breaching it

October 27, 2026

Duty of disclosure: what it means and the consequences of breaching it

A detail that seems minor to you can affect an insurer’s decision. In Australia, understanding your duty of disclosure means taking reasonable care to share information you know, or could reasonably be expected to know, that may affect whether an insurer accepts your application or the terms it offers. The duty can also apply when you renew, extend, vary or reinstate a policy.It’s understandable to be unsure what you need to disclose, especially when rules differ between countries and the consequences can be serious. This article explains what disclosure means, what may happen if you breach the duty, and how insurance disclosure works in Australia and the United Kingdom. It also covers when the duty applies and what information may be relevant, so you can approach an insurance application with greater confidence. Key Takeaways In Australian family law proceedings, breaching disclosure obligations can affect evidence, costs and whether a case proceeds; serious non-compliance may also amount to contempt. Disclosure duties in family law can continue throughout a case, and financial disclosure covers direct and indirect circumstances, including certain property disposals. Insurance disclosure rules differ between Australia and the UK. In Australia, the duty can apply when you apply for, renew, extend, vary or reinstate a policy. If you’re considering cover for your business, MyGen Insurance Brokers can help you explore Business Insurance and related cover options that fit your risks. Table of Contents What are the consequences of breaching disclosure obligations? Legal advice about disclosure Insurance disclosure in Australia and the United Kingdom MyGen Insurance Brokers: Business Insurance What are the consequences of breaching disclosure obligations? A duty of disclosure requires you to provide relevant information. A duty of care concerns how you act, while a duty to notify means reporting a specified event or change. In Australian family law disputes, disclosure begins during pre-action procedures and continues until the case is finalised. Insurance disclosure periods differ and are explained in the insurance section.In family law proceedings, failing to disclose information, filing a false undertaking or breaching an undertaking can affect the case. The Court may refuse to admit information or documents, stay or dismiss all or part of the case, or make a costs order against a party. A party found guilty of contempt for withholding documents or breaching an undertaking may be fined or imprisoned.Non-compliance can also matter in property settlements. Sections 79(5) and 90SM(5) of the Family Law Act allow disclosure failures to be considered in property proceedings. The High Court of Australia has observed, at paragraph 24, that failure to disclose relevant evidence may sometimes require a guilty verdict to be quashed.A Melbourne man concealed assets valued at more than $4 million. After proceedings began in September 2017, the Federal … [Read more...] about Duty of disclosure: what it means and the consequences of breaching it

Blog Australian Insurance,  business insurance,  disclosure obligations,  duty of disclosure,  insurance applications,  insurance disclosure,  UK insurance

Common Mistakes at Business Insurance Renewal: How to Protect Your Firm in 2026

July 29, 2026

Common Mistakes at Business Insurance Renewal: How to Protect Your Firm in 2026

What if the simple act of clicking "renew" on your policy is actually the biggest risk your business faces this year? With average insurance quotes rising by nearly 15 per cent in the lead up to June 2026, the pressure to find savings is immense. However, overlooking the common mistakes at business insurance renewal can leave your firm exposed to devastating gaps in coverage. We know how frustrating it is to watch costs climb while you're already stretched for time; it feels like another administrative hurdle when you'd rather be focusing on your team and your customers. We understand that the 2026 market feels volatile, especially with ASIC now making insurance claims and complaint handling a top enforcement priority. You deserve to know that if the worst happens, your claim will actually be paid without a fight. In this guide, we'll help you identify the critical errors that lead to underinsurance and show you how to satisfy your Duty of Disclosure with absolute confidence. We'll explore why a "tick and flick" approach fails complex Australian businesses and how a methodical review ensures your policy reflects exactly how you operate today. Key Takeaways Moving beyond the "set and forget" mindset to ensure your policy isn't a stale document that fails to reflect your firm's current growth. Identifying the common mistakes at business insurance renewal, such as using "close enough" turnover figures that can lead to significant gaps in your business interruption cover. Recognising how shifts in your workforce mix, including the use of subcontractors, can fundamentally alter your liability profile and risk exposure. Understanding why a manual, deep-dive review by a seasoned broker provides a level of security that automated "tick and flick" algorithms simply cannot match. Securing peace of mind for 2026 by meeting your Duty of Disclosure, ensuring that if you ever need to claim, the support you've paid for is actually there. Table of Contents Beyond the Premium: Why the 'Set and Forget' Approach Fails Australian Businesses The Critical Renewal Audit: Identifying Changes That Could Void Your Cover Navigating the 2026 Market: Why a Personalised Broker Review Beats an Algorithm Beyond the Premium: Why the 'Set and Forget' Approach Fails Australian Businesses It's understandable why many Australian business owners view their insurance premium as just another fixed overhead, much like electricity or rent. However, treating your policy as a "set and forget" item is one of the most common mistakes at business insurance renewal. In a market where premiums have risen significantly, the urge to simply find the cheapest price is strong. But focusing solely on the bottom line ignores the fact that your risk is variable, not fixed. A policy that saved you $500 today could easily leave you $50,000 out of pocket if a claim is declined due to outdated information. Your business isn't a static entity. Over the last 12 months, you've likely … [Read more...] about Common Mistakes at Business Insurance Renewal: How to Protect Your Firm in 2026

Blog business insurance,  Business Insurance Australia,  commercial insurance,  duty of disclosure,  insurance renewal,  risk management,  small business tips,  underinsurance

What Information Does an Insurance Broker Need? Your Preparation Guide

July 21, 2026

What Information Does an Insurance Broker Need? Your Preparation Guide

The details you share with your broker are more than just boxes to tick, they are the blueprint for your financial survival when a claim eventually lands on the desk. We understand that figuring out exactly what information does an insurance broker need can feel like a daunting task, especially when you're already juggling the demands of running a business or managing a household. You might worry about being underinsured or simply feel frustrated by the complex jargon that often makes the industry feel inaccessible. It's natural to feel some anxiety about the time required to organise your records, but we're here to steady the ship. We believe that securing your future shouldn't be a high-friction experience. Our team takes a deep-dive approach to look beneath the surface of your risks, but we need the right foundations to start that investigative process. In this guide, you'll learn exactly which documents and details to gather to ensure we can secure the most precise and cost-effective protection for your specific risks. We'll provide a clear, actionable list of requirements so you can feel confident letting us do the heavy lifting, giving you the peace of mind that your policy will actually perform when it matters most. Key Takeaways Understand the vital role of your Duty of Disclosure in ensuring your policy stands firm and provides the protection you expect when it's time to make a claim. Learn exactly what information does an insurance broker need to move beyond generic quotes and identify the specific gaps in your current coverage. Prepare for your consultation with a clear list of essential documents, including previous policy schedules and business details, to save time and reduce stress. Discover how documenting your risk mitigation efforts, such as security upgrades or safety protocols, allows your broker to present a stronger case to underwriters. Shift from the frustration of "tick and flick" automated systems to a personalised, consultative approach that prioritises your long-term financial security. Table of Contents Why Your Insurance Broker Asks Detailed Questions The Essential Information Checklist for Your First Consultation How Accurate Information Secures Better Premiums and Protection Why Your Insurance Broker Asks Detailed Questions An Insurance broker acts as your professional advocate, standing firmly on your side of the table rather than representing the interests of the insurance company. This distinction is vital; while an agent sells for the insurer, we work for you. To perform this role effectively, we need to understand the unique contours of your life or business. By asking deep-dive questions, we can identify risks you might not even know exist, ensuring that your safety net is actually strong enough to catch you. In Australia, the "Duty of Disclosure" is a fundamental principle that requires you to be completely transparent about any facts that might influence an insurer's decision. While it might feel … [Read more...] about What Information Does an Insurance Broker Need? Your Preparation Guide

Blog business insurance,  duty of disclosure,  Financial Protection,  getting insured,  insurance broker,  insurance checklist,  insurance preparation,  risk management

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MyGen Insurance Brokers Pty Ltd ABN 16 642 587 077 T/As MyGen Insurance Brokers is a Corporate Authorised Representative 1285829 of Community Broker Network Pty Ltd ABN 60 096 916 184 AFSL 233750.

The information in this website is general information only and may not be suitable for your individual circumstances. You should obtain professional advice and consider the information in the relevant product disclosure statement or policy wording before deciding to purchase a policy. The information in this website is intended for Australian Residents only.

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