Nawaar Hassan practises in commercial law, employment and industrial law and administrative law.  She has particular expertise in insurance and superannuation.

Commercial

Nawaar practices across a range of commercial disputes.  Her broad experience includes matters involving:

• Contractual disputes
• Consumer law
• Building and construction
• Property, leasing and mortgages
• Sales of business 
• Banking and credit
• Partnerships

Employment and industrial law

Nawaar practices in employment and industrial law.  Her recent matters have involved:

• Civil remedy contraventions of the Fair Work Act 2009
• Questions of construction of industrial instruments, the Fair Work Act 2009 and long service leave legislation
• Restraints of trade
• Disputes about classification of employees
• Employee-or-contractor disputes
• Extraterritorial application of the Fair Work Act 2009

Insurance

Nawaar has specialist expertise in insurance law.  She acts both for insurers and insureds in indemnity disputes, defence of claims and subrogated recovery. 

She regularly acts in matters involving avoidance for alleged non-disclosure and alleged fraudulent claims in both general and life insurance.

Nawaar has experience across the field of general insurance including:

• Professional indemnity
• Building and property
• Business interruption
• Public liability
• Owners Corporation and Strata
• Marine and transport

 
Nawaar is an expert in life, total and permanent disability, income protection, accident and trauma cover.  Her experience includes both group and retail policies.  Her work has involved disputes about the:

• Definition of the insured event and eligibility for benefits
• Application of takeover terms 
• Commencement and cessation of cover
• Exclusions for pre-existing conditions
• Application of offset provisions for workers compensation and other benefits
• Historical claims and prejudice to the insurer
• Right of the insurer to access documents and information

Superannuation

Nawaar has extensive experience in superannuation law.  She has regularly acted in matters involving both regulated superannuation funds and statutory schemes.  Her work in the superannuation field has included issues such as:

• Breach of trustees' fiduciary and statutory obligations
• Interpretation and application of fund rules
• Calculation of defined benefits and the operation of offset provisions
• Calculation of mandatory contributions in statutory and defined benefit schemes
• Eligibility for benefits including disability benefits and defined benefits
• Distribution of death benefits
• Judicial review of decisions involving statutory schemes
• Compliance with regulatory requirements

Administrative law

Nawaar's administrative law experience ranges from merits review at tribunal level to Victorian Court of Appeal matters involving fundamental change in government policy.  Her recent matters have involved:

• Challenge to government purchasing and tender processes
• Appeals on questions of law from tribunals and lower courts
• Review of decisions under the Administrative Decisions (Judicial Review) Act 1977
• Enforcement of, and challenges to, statutory fees and charges
• Freedom of Information applications, including review of conclusive certificates

Before coming to the Bar Nawaar worked as the Associate to Justice Cavanough of the Supreme Court of Victoria and to Judge Taft of the County Court of Victoria.

Nawaar also worked at DLA Phillips Fox (now DLA Piper) where she was involved in insurance and professional indemnity litigation, maritime, trade & transport, and administrative law matters.

Nawaar read with Christopher Horan QC.  Her senior mentor was Samantha Marks QC (now Her Honour Judge Marks of the County Court of Victoria).