Nawaar Hassan practises in commercial 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
• Bankruptcy and insolvency
• Banking and credit
• Property and mortgages
• Sales of business 
• Domestic building
• Partnerships
• Gaming and lottery regulation

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 insurance
• Building and property damage insurance
• Business interruption insurance
• Public liability insurance
• Owners Corporation and Strata insurance

Nawaar has particular expertise 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 in group policies
• Commencement of cover
• Exclusions for insureds with pre-existing conditions
• Application of offset provisions for workers compensation and other benefits
• Prejudice to the insurer in the case of historical claims
• Right of the insurer to gather documents and information

Superannuation

Nawaar has a deep understanding of 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 ambiguous 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
• Compliance with regulatory requirements under the Superannuation Industry (Supervision) Act 1993, Corporations Act 2001 and Australian Securities and Investments Commission Act 2001 

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 invlolved:

• 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 certififcates

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.

As Associate to Justice Cavanough, she worked on a wide variety of matters in the trial division and the Court of Appeal.  She assisted Justice Cavanough as Judge in Charge of the Judicial Review and Appeals List.

Nawaar has 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.

In August 2012, Nawaar completed the Hague Academy of International Law’s Summer Programme on Private International Law where she came third in the examinations.

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