Frequently Asked Questions

Unfortunately our online registration is not available at present. Please refer to our important notice.

These are the key steps to sign up a new ABC Insurance online account and register your law practice.

Create a new online account:

1. Click the 'Sign In' button at the top right of this page
2. You will be taken to the ABC Insurance portal
3. Click the 'Sign Up / Register' button
4. When prompted enter your sign-in email address as used for your law practice
5. Click on the 'Send verification code' button
6. An email will automatically be sent to your nominated email address with a 5-6 digit verification code
7. Enter the verification code in the box and click on the 'Verify code' button to move to the next step
8. Provide a password
9. Click on the 'Create' button to continue

Next set up multi-factor authentication (MFA) to secure your account:

1. Select 'County Code' from the list - typically 'Australia (+61)'
2. Enter your mobile 'Phone Number'
3. select your preferred method of contact e.g. 'Send code'
4. a 5-6 digit code will be sent to your mobile phone
5. Enter the code in the box provided and click on the 'Verify code' button

The next step is to register your law practice:

1. Provide your law practice details: ABN, legal entity name, business/trading name, law practice number,
   commencement date, street/office address and other contact details
2. Provide your own contact details: name, title/position, phone/mobile number, email address
3. Review and agree to the declaration
4. Click on the 'Register' button to proceed

Congratulations. Your account is now set up and secure, and you have successfully registered your law practice.

You are now ready to Get a Quote and complete your insurance application online.

Unfortunately our online registration is not available at present. Please refer to our important notice.

Once you have already completed the sign up and registration process for your law practice, the next time you visit our website you will be able to directly Sign In using the same email address and password.

These are the key steps to Sign In to your ABC Insurance online account:

1. Browse to the ABC Insurance website (www.abcinsurance.net.au)
2. Click the 'Sign In' button at the top right of this page
3. You will be taken to the ABC Insurance portal
4. Click the 'Sign In' button in the centre of your screen
5. When prompted enter your email address and password and click the 'Sign In' button
6. You may also be prompted to enter a verification code sent to your mobile phone
7. After this you will be signed in and able to access various online functions.

Unfortunately our online registration is not available at present. Please refer to our important notice.

Please complete the following steps to reset your password:

1. Browse to the ABC Insurance website (www.abcinsurance.net.au)
2. Click the 'Sign In' button at the top right of this page
3. You will be taken to the ABC Insurance portal
4. Click the 'Sign In' button in the centre of your screen
5. When the Sign In box appears click the 'Forgot your password?' link
6. Enter your previously registered email address and click on the 'Send verification code' button
7. An email will automatically be sent to your registered email address with a verification code
8. Enter the verification code in the box and click on the 'Verify code' button
9. Click on the 'Continue' button
10. Enter your 'New Password' and 'Confirm New Password'
11. Click on the 'Continue' button - your password has now been updated

New practices

If you are starting up a new law practice in NSW you must first contact the Law Society of NSW Registry by calling (02) 9926 0156 or emailing registry@lawsociety.com.au to register your law practice details.

This information is also available from the Law Society of NSW website here.

Upon registration the Law Society of NSW will provide you with a unique law practice number which you will also need during your ABC Insurance online registration process.

Existing practices

If you are an existing law practice you should complete your professional indemnity insurance application by the 15th May each year so that the Law Society of NSW can issue your NSW practising certificate to you with plenty of time before the next financial year commences on 1st July.

Unfortunately our online quotes for the $2 million primary professional indemnity insurance are not available at present. Please refer to our important notice.

If you are interested in additional cover in excess of your standard $2 million professional indemnity insurance then please click here for more information on our Top Up cover options.

If you are interested in cyber insurance cover for your law practice then please click here for more information.

Either a current principal of the law practice or an individual authorised by the current principal(s) of the law practice can complete the online professional indemnity insurance application.

ABC Insurance renewal will be open and available for you to complete your online professional indemnity insurance (PII) application in April.

To coincide with your practising certificate renewal, it is important that NSW law practices complete their application by the 15th May each year.

If your law practice does not have suitable PII in place before the 1st July the Law Society of NSW will not be able to issue you or the solicitors who work at your law practice with Practising Certificates for that financial year.

Having all the required information to hand makes completing your online professional indemnity insurance application a simple process.

You will require the following information for your law practice:

• The number of staff employed in your law practice, which includes: principals, partners, directors, employed solicitors and other legal practitioners, paralegals, administrative and other staff.
• Your law practice’s gross fee income (GFI) for - the previous financial year (actuals), the current financial year (partial actuals and partial estimate), and the next financial year (fully estimated).
• Prior practice gross fee income (GFI) information, if applicable.
• Gross fee income earned by location of your law practice’s offices, whether in Australian states and territories or overseas.
• Your law practice’s claims history report, as obtained from your current or former PII insurance provider(s).
• Current ISO 9001: Quality Management Systems accreditation certificate, if applicable.

Gross fee income (GFI) should include all fees rendered and received while practising law or providing legal and ancillary services in the financial period by any employees of the law practice.

It should also include internal costs and disbursements which have been charged to your clients.

If your law practice has not generated any income for a prior financial year, you should declare a ‘nil’ ($0) fee income for that period.

Gross fee income of any prior practices (if applicable) must also be included. (A prior practice is a law practice which is no longer operating that your law practice has assumed control over.)

Please provide your best estimate.
This can be reflective of your business expectations for the next year including, stability, expected growth, or reductions to operations.

The main reasons we require a percentage breakdown of your law practice’s gross fee income by state and territory are:

• To ensure your premium accounts for the relative differences in costs in various jurisdictions.
• Stamp duty is payable on your premium in accordance with the portion of your premium related to activities undertaken in each of the individual states and territories.

For these reasons we ask you to apportion your gross fee income in relation to individual states or territories.

Additionally, you may be eligible for the NSW stamp duty exemption for small businesses, which can be declared on your proposal.

All law practices should consider whether the nature of their work might expose them to potential claims that exceed the primary $2 million limit of cover.

If your law practice requires additional cover ABC Insurance can offer a range of Top Up cover options under your policy, subject to underwriting criteria.

Top Up cover can be purchased at the same time as your primary PII application or at a later date throughout the year.

Any additional Top Up cover in excess of $2 million is subject to a Duty of Disclosure clause.

Essentially, before you enter into the insurance contract, you have a duty to tell us anything that you know, or could reasonably be expected to know, that may affect our decision to insure you and on what terms. You have this duty until we agree to insure you. You have the same duty before you renew, extend, vary or reinstate the insurance contract.

You do not need to tell us anything that:

• reduces the risk we insure you for;
• is common knowledge;
• we know or should know as an insurer; or
• we have waived your duty to tell us about.

If you do not inform us of anything you are required to, we may cancel your contract or reduce the amount we will pay you if you make a claim, or both. If your failure to tell us is fraudulent, we may refuse to pay a claim and treat the contract as if it never existed.

ABC Insurance supports online payment of your premium by credit card (Mastercard or Visa), and by BPAY through your usual banking institution.

You may also choose to arrange for a third-party premium funder to pay your premium amount, with you making repayments in instalments.
In this case ABC Insurance would require full payment from your premium funder before we will issue your policy.

Once your premium is paid in full ABC Insurance will notify the Law Society that your law practice has professional indemnity insurance in place after which the Law Society will issue you your practising certificate.

Employees of your law practice are covered by your PII policy.

‘Employee’ means a natural person who was, at the time of the relevant act, error or omission giving rise to a claim, or the conduct giving rise to a loss, a person who:

• provided services to and was remunerated by the law practice for those services under a contract of employment;
• was seconded to provide services to the law practice; or
• was a volunteer worker, apprentice, trainee, work experience personnel or student;

and was at the time of the act, error or omission, under the law practice’s direction, control and supervision in the course of its provision of legal services.

Short answer: yes. It is recommended prior to acquiring or merging with another law practice to request its claims history.
Claims made against the prior practice must be declared as part of your law practice’s claims history and may impact your future premium.

‘Prior practice’ means any legal practice to which the law practice is a successor in business, and which would noted in the policy schedule.

A merger or acquisition of another law practice (prior practice) could mean that your practice becomes the successor practice of that law practice.

Both the prior practice and successor practice Gross Fee Income and their claims history are combined for the purpose of premium rating. This could have an impact on future premiums.

Email us at pii@abcinsurance.net.au providing details of your law practice closing plans, including matters such as:

• proposed date for the closing
• have you wound down the business?
• have you sold to another law practice?

When a law practice ceases practising and:

• is not succeeded by any other law practice; and
• immediately prior to cessation was insured by an ABC Insurance professional indemnity policy; and
• is not covered under any other professional indemnity policy issued by another insurer

then the law practice will have the benefit of PII cover under the ABC Insurance run-off master policy for a period of 84 months (or 7 years).

Cover for a claim under this policy is subject to the payment by you of an excess. The excess amount payable is the greater of:

• the excess which applied under your law practice’s policy; and
• $5,000 each and every claim.

For full details and definitions refer to the ABC Insurance Master Policy ‘Run-Off’ Cover for Solicitors’ Professional Indemnity Liabilities - here (PDF).

To find out more about run-off cover and whether your law practice is eligible, please email us at pii@abcinsurance.net.au.

Your ABC Insurance professional indemnity insurance policy defines a claim as:

• any written or verbal demand for, or assertion of a right to, compensation or damages;
• any intimation of an intention to demand or seek compensation or damages; or
• receipt of any originating legal process claiming compensation against you.

An intimation by a client or third party may be direct or it may be subtle. Therefore, it is important to have in place good risk management and detection systems and to be alerted to matters that do not go as planned or clients who express disappointment with advice or outcomes.

A circumstance, also known as a potential claim situation, is any fact, matter, incident or event which might result in someone making an allegation against you in respect of a loss, liability, cost or expense of a type covered by the policy.

Being risk aware, acting quickly and prudently is key to good risk management in this situation.

Even if a claim has not been made against you, notify us of facts or circumstances that might lead to a claim. You have a statutory right to cover for a claim arising from a circumstance related to the claim if notified by you to us during the period of insurance.

A claim made against you or your law practice must be notified to ABC Insurance as soon as possible.

A potential claim situation or ‘circumstance’ should also be notified to us too, since early action with our assistance can often manage the situation and prevent a claim from arising, or else reduce the impact of any claim that does arise.

Often the best time to resolve a claim or a circumstance is as soon as practicable. We will assist you to achieve this.

As an ABC Insurance policyholder email us any time at claims@abcinsurance.net.au and provide:

• your policy number and/or law practice name
• your name and contact details
• a preferred method for us to contact you
• a description of what has happened.

You’ll initially receive an email acknowledging the claim lodgement or notification of a circumstance. It will provide you with details of your submission along with a reference number and information on how we plan to resolve your claim.
You’ll also be provided with contact details for our Claims Team so you can directly engage with them as needed.

We'll then be in contact with you to understand what has happened in more detail and to determine the best way to handle the matter.

Be assured that we’re standing with you. Once a claim is notified, we will act quickly to work with you to understand what has happened and advise you on the best way to handle the matter.

An experienced claims solicitor will assist you.

Depending on the nature of the claim we will:

• communicate with the solicitor for the claimant, or with the claimant directly if unrepresented;
• seek to manage the claim on an unlitigated in-house basis if appropriate;
• otherwise we will instruct an external panel solicitor or counsel to represent you and provide legal advice on the defence of the claim.

In managing the claim, we are:

• Unwavering in defence. Should you be the subject of a claim where you are not negligent, our commitment is to defend you and your law practice.
• Proactive in resolution. Where a claim has merit, we will work to resolve the claim as quickly and cost-effectively as possible.

We will keep you closely informed and work with you to manage the claim to a prompt finalisation. We cannot do it without you.

The ABC Insurance claim notification form can only be completed by a principal of the law practice or an employee of the law practice who has been authorised by the principal(s) of the practice to make the notification on their behalf.

Claims against a law practice insured by ABC Insurance cannot be accepted directly from a claimant.
Claimants should first communicate with the law practice either directly or on legal advice. The law practice can then notify ABC Insurance and instruct us to respond.

There are differences in the policy wording between the primary or standard $2 million primary layer of insurance and additional cover (or Top Up cover) in excess of $2 million.

One major difference is that Top Up cover will not extend to cover claims and known circumstances that might give rise to a claim if this is known by the insured but not notified to the insurer prior to the commencement of the Top up cover.

Therefore, prompt notification of all claims and circumstances is essential prior to the expiry of your current Top up professional indemnity insurance policy.

The best way to ensure this is to encourage principals and staff to be risk aware and to report and notify any matters that might give rise to a claim regardless of value. It is better to over-report and allow time to be the judge.

ABC Insurance strongly recommends early notification of any potential claim situations or circumstances. This allows us to work with you to either resolve the situation or reduce the impact of a claim if one is made, resulting in a cost-effective outcome and a more favourable claims history.

When a circumstance is notified to ABC Insurance a file is opened and a small reserve is raised. The file and reserve are reviewed periodically. If there are no further developments, the file is closed and the reserve deleted after a period of time.

Notification of a circumstance does not impact a law practice’s premium. Rather, it is an indicator of a practice’s healthy risk awareness and risk management practices.

Law practices, like other businesses, require insurance to protect against unforeseen and unintended events.

Whilst a claim or circumstance cannot be totally discounted, the risk of occurrence can be reduced by being risk smart.

The following are ways to be risk smart:

• Have a risk positive mindset and putting in place effective risk management systems and processes.
• Encourage employees to report mistakes and things that don’t go as planned in an open and transparent way.
• Preserve client files and file notes for at least seven years and maintain a searchable index of closed matters.
• Ensure you have sufficient Top Up cover for large value transactions.
• If a potential claim is foreshadowed, don’t ignore it. Notify ABC Insurance.
• Seek help in handling a potential claim situation as soon as possible.
• If a claim is made, work together with the ABC Insurance claims solicitor to manage the claim.

Prompt action will often reduce the impact and cost of a claim, and sometimes succeed in resolving it at an early stage.