Farm Insurance :: Articles

Risk Management - 8 steps To Avoid Litigation

Risk Management - 8 steps To Avoid Litigation

Risk Management - 8 steps To Avoid Litigation
Accidents, mistakes and misunderstandings can happen in any business. Some are settled amicably, others grow into full-blown disputes, and before you know it you could be facing a legal claim.

Being sued is stressful, time-consuming and expensive.

Even if you win the case the disruption to your business can outweigh any financial gains.

A key objective for most businesses is to avoid being drawn into litigation in the first place and here we outline the steps freelancers can take to safeguard their business against litigation.

Eight steps to safeguard your business

Professional contract agreements.

No work should be done without a contract.

Always have one in place that defines scope of services and terms of remuneration before you commence an assignment.

Without an agreement the opportunities for misunderstanding and controversy are numerous.

Business Insurance
Image for Business InsuranceIf you're in the process of buying or renewing your business insurance, whether it be a factory, a shop, office, warehouse, a farm or whatever .. even a home-based business, we can show you a quick way through the maze of offers and options available on the market. Our Australia-wide broker panel will ensure that you get the best cover for your specific needs … and at the right price to suit your budget.

Documentation and tracking changes.

A common source of dispute is when the client believes they have asked for a solution that does one thing only for the freelancer to deliver a solution that does another.

Know who is responsible for when things go wrong.

Meticulously document client requirements and be particularly vigilant when changes creep into a project - as it is easy to lose track of them.

Make sure all changes are costed and signed off. These records will be of immense value in defending against legal claims.

Checking work.

Freelancers are not required to be perfect.

However, this does not relieve them from the obligation to check their work because this is one of the standard systems used to discover and correct errors.

Errors, per se, are not evidence of malpractice, but failure to check the work product is.

Communications with the client.

Many of the claims made by clients are not for serious damages but are based simply on discontent and dissatisfaction with the Freelancer.

This is often brought on by the Freelancers own lack of consideration of the client.

Seemingly minor things such as missing deadlines, lateness to meetings, unavailability by telephone, failure to return emails, and failure to keep the client informed at all times.

With this background of discontent, a real problem such as exceeding the cost or time budgets will trigger an avalanche of serious legal problems.

The best way to keep clients happy is to treat them with respect, keep them informed, and maintain a friendly relationship.

Early recognition of potential disputes.

When issues do arise, dealing with them quickly and professionally can prevent them developing into a major problem.

Burying your head in the sand never makes disputes disappear.

Deal with complaints in an appropriate way and seek advice from a solicitor who understands IT law if your issue escalates.

Most insurers offer a free 24 hour advice helpline, which will put you in touch with experts on how to best handle your situation.

Meeting budgets

  • Costs.

Clients become very dissatisfied and resentful when costs exceed the approved budget.

In such situations, the client may give serious consideration to making claims against the freelancer as well as withholding payments of professional fees.

  • Time.

Overall scheduling of a project should be realistic and should be updated whenever necessary.

Client approvals should be sought all along the way. When the client is counting on use of the project at a certain date, failure to receive it will often be very expensive.

Freelancers must avoid being a contributing factor in schedule slippage by failing to make prompt decisions and delivering work late.

Fees and charges.

Many client dissatisfactions are based on fee disputes.

In some cases this is because the billing is not clear and consistent with the written contract.

All invoices should be rendered on time and strictly in accord with the contract.

If the bill is not paid within a reasonable time, the best thing to do is talk to the client to find out if there is any misunderstanding.

A billing adjustment to satisfy a client at this point will usually be less costly than fighting and paying lawyers later.

PI Insurance

Have an up to date Professional indemnity insurance policy in place.

Litigation is always costly, however big or small your case is.

It makes sense to have an up to date Professional Indemnity Insurance policy to defend your legal position-just in case.

Read the policy wordings carefully and make sure they are relevant to your profession.

Although we may never achieve perfection, we can at least try.

By being constantly alert and aware of the usual sources of errors, we might lessen their occurrence.

From time to time we should stand back and take a good objective look at our operations.

Even minor improvements could prevent or avoid some economically ruinous claims.

These suggestions above are not all-encompassing, but should help you avoid being sued by your client.

 

Published: Monday, 25th Jan 2021
Author: Paige Estritori


Insurance News

Asbestos Scare Leaves Hospitality Business Uninsured Asbestos Scare Leaves Hospitality Business Uninsured
04 Jul 2025: Paige Estritori

The discovery of asbestos-contaminated mulch in a Sydney park led to the cancellation of a festival, resulting in significant financial losses for a hospitality business. Despite these setbacks, the company's claim for coverage under its business interruption (BI) policy was rejected. - read more
Landmark NSW Decision: Dog Walking Costs Covered in Car Crash Injury Claims Landmark NSW Decision: Dog Walking Costs Covered in Car Crash Injury Claims
03 Jul 2025: Paige Estritori

In a groundbreaking decision by the NSW Personal Injury Commission, an insurer has been directed to cover the costs of dog walking services for a car crash victim. The commission ruled that these services classify as domestic assistance under the state’s Motor Accident Injuries Act. This case could pave the way for broader interpretations of 'attendant care services' for claimants. - read more
Extreme Weather Drives $1.8 Billion in First Half Losses for Australian Insurers Extreme Weather Drives $1.8 Billion in First Half Losses for Australian Insurers
03 Jul 2025: Paige Estritori

Extreme weather events in Australia have resulted in significant financial impacts for insurers, tallying $1.83 billion in losses during the first half of the year. This comes as insurance companies gear up for further claims linked to ongoing severe weather in New South Wales. - read more
ClearView Names New Underwriting Head Amidst Strategic Changes ClearView Names New Underwriting Head Amidst Strategic Changes
30 Jun 2025: Paige Estritori

ASX-listed life insurer ClearView has announced the appointment of Peter Tilocca as Head of Underwriting, coinciding with key updates to its underwriting standards and definitions. Tilocca's extensive two-decade career in Australian underwriting includes leadership roles at Zurich, Noble Oak, One Path Life, and RGA Australia. His new role with ClearView commenced on 30 June. - read more
Ombudsman Supports Theft Claimant in Home Business Coverage Dispute Ombudsman Supports Theft Claimant in Home Business Coverage Dispute
30 Jun 2025: Paige Estritori

A recent case has seen a policyholder triumph over her insurer after the Australian Financial Complaints Authority (AFCA) ruled in her favour following a contentious dispute regarding home business operations. The controversy arose when the woman's theft claim was denied by her insurance provider, IAG, over allegations of fraudulent misrepresentation about the use of her rental property. - read more
AFCA Upholds Insurance Fraud Ruling Over Disputed Possum Accident AFCA Upholds Insurance Fraud Ruling Over Disputed Possum Accident
26 Jun 2025: Paige Estritori

A motorist's claim that he crashed into a tree to avoid a possum has been denied by the Australian Financial Complaints Authority (AFCA), which supported the insurer's fraud decision. The incident involved the driver crashing his Jeep—insured for over $20,000—on a dimly-lit street, purportedly avoiding the rain-soaked motorway en route to the store. - read more

Farm Insurance Articles

Is Your Farm Under-Insured? Tips for Assessing Bushfire Insurance Adequacy Is Your Farm Under-Insured? Tips for Assessing Bushfire Insurance Adequacy
The threat of bushfires looms large over the vast expanses of rural Australia, shaping the reality of farming in this sunbaked landscape. The risk, always present, escalates as the climate warms and dry conditions persist. It's not a matter of if, but when the land will be tested by fire's wrath. In this environment, the armor of insurance isn't just recommended; it's critical for survival. - read more
Investing in Cybersecurity: A Crucial Step for Sustainable Farming Investing in Cybersecurity: A Crucial Step for Sustainable Farming
Cybersecurity refers to the practice of protecting systems, networks, and programs from digital attacks. In the context of agriculture, it involves safeguarding the digital solutions and technologies that have become intrinsic to modern farming operations. As technological advancements continue to revolutionize the farming landscape, the importance of cybersecurity in securing farm data and operations has become more pronounced. - read more
When the Rain Doesn't Come: Financial Planning Tips for Persistent Drought When the Rain Doesn't Come: Financial Planning Tips for Persistent Drought
For farmers across rural Australia, the unyielding dry spells brought on by persistent drought conditions are not just an environmental concern but a significant financial challenge. Effective financial planning becomes a cornerstone strategy for ensuring the resilience and longevity of these crucial agricultural businesses. The prickling heat and parched earth serve as stark reminders of nature's capacity to impact livelihoods, especially when the rain doesn't grace the farmlands for extended periods. - read more
What You Need to Know About Crop Insurance for Your Farm What You Need to Know About Crop Insurance for Your Farm
Farming is a risky business. As a farmer, you are at the mercy of the weather, pests, and other challenges that can threaten your crops and your livelihood. That’s where crop insurance comes in. Crop insurance can provide financial protection in case your crops are damaged or destroyed, allowing you to recover from losses and move forward with your farm business. - read more
The Impact of Weather on Farm Insurance Rates: What You Should Know The Impact of Weather on Farm Insurance Rates: What You Should Know
Farming in Australia is a dynamic venture that requires careful planning and management. One of the crucial aspects every Australian farmer should consider is farm insurance. It provides a safety net against potential financial losses arising from various risks. These include natural disasters, damage to crops, livestock issues, and accidents on the farm property. - read more
The Farmer's Handbook to Quick and Effective Insurance Claims The Farmer's Handbook to Quick and Effective Insurance Claims
Insurance is a vital part of safeguarding any farming operation. As a farmer, protecting your property, equipment, and livelihood from unexpected events like natural disasters, theft, or accidents is crucial. Adequate insurance coverage ensures that you can recover quickly from setbacks without enduring overwhelming financial strain. - read more
Common Myths About Farm Insurance Debunked Common Myths About Farm Insurance Debunked
Whether you're a seasoned farmer or just starting out, understanding farm insurance is crucial. It's more than just a safety net; it's a way to ensure that your farming business can withstand unforeseen challenges. By safeguarding your livelihood, farm insurance offers peace of mind amidst uncertainties. - read more
Secure Your Farm's Future: Understanding the Importance of On-Farm Risk Assessment Secure Your Farm's Future: Understanding the Importance of On-Farm Risk Assessment
In the ever-evolving landscape of modern agriculture, the security and stability of a farm hinge on thorough preparation and strategic foresight. A pivotal component in safeguarding a farm's future lies in the critical role of on-farm risk assessment. This process provides a structured approach to identifying potential risks that could affect a farm's operations, financial health, and overall sustainability. - read more
Income Protection for Farmers: Ensuring Stability Through Tough Times Income Protection for Farmers: Ensuring Stability Through Tough Times
The world of farming is one filled with uncertainties. Weather conditions, market prices, and various other factors can create a highly volatile income stream for those within the agricultural sector. This unpredictability can lead to financial instability that impacts not only the farmers themselves but also their families and the larger rural community. - read more
Livestock Insurance for Aussie Farmers: What You Need to Know Livestock Insurance for Aussie Farmers: What You Need to Know
Livestock farming is a significant part of the Australian agriculture industry. As with any business, farmers face numerous risks such as disease, death, theft or extreme weather events, which could cause damage or loss to their livestock assets. Livestock insurance provides cover against these risks, ensuring that farmers are financially protected from any potential financial losses, which could devastate their livelihoods. - read more
Essential Coverage vs. Optional Add-ons: Balancing Protection and Costs Essential Coverage vs. Optional Add-ons: Balancing Protection and Costs
For Australian farmers, having the right insurance coverage isn't just a safety net—it's an integral part of sustaining their livelihood. Natural disasters, unpredictable climate conditions, and the inherent risks of agricultural production underline the critical importance of robust insurance for the agricultural community. As farmers navigate the complexities of insurance, understanding the basics becomes the first step toward securing their assets and ensuring the continuity of their operations. - read more
Preparing for the Worst: Developing a Comprehensive Disaster Response Plan for Your Farm Preparing for the Worst: Developing a Comprehensive Disaster Response Plan for Your Farm
As a farmer, you know that unexpected events can have a significant impact on your farm and your livelihood. Natural disasters, such as floods, fires, droughts, and storms, can occur at any time and have devastating consequences. That's why it's crucial to have a comprehensive disaster response plan in place to protect your property, assets, and, most importantly, your loved ones and livestock. - read more

Need a Quote?
Start your free farm insurance quote comparison here.
Farm Type:
Postcode:

Knowledgebase
Incontestability Clause:
A provision in a life insurance policy that prevents the insurer from voiding coverage due to a misstatement by the insured after a certain period.