Engagement and Management of Legal Services
This is the eighth in a series of Information Bulletins issued periodically to help update Fund
Members on current Comcover issues.
As the Commonwealth’s self-managed fund for insurable risks, Comcover is responsible for the
management of claims against Fund Members that are covered by their Comcover insurance policy.
Comcover’s claims management function is outsourced to Marsh Pty Ltd. Operating as Comcover
Insurance Services (CIS), Marsh provides claims management services to Member agencies.
Once it accepts a claim, Comcover, through CIS, becomes the Commonwealth agency responsible for
the management of the claim, including litigation and the management of any related legal services.
To ensure that claims are defended in a manner consistent with Comcover’s and the Commonwealth’s
objectives, Comcover has issued Guidelines for Legal Services Providers. Solicitors engaged by
Comcover are expected to comply with these Guidelines.
This information bulletin is designed to help Members gain an understanding of the Guidelines,
as well as Comcover’s role in the engagement and management of legal services.
Legal Services Directions and Engagement of Solicitors
Solicitors engaged by Comcover are required to comply with the Legal Services Directions, issued by the
Attorney-General through the Office of Legal Services Co-ordination. Please note that if there are any
inconsistencies between Comcover’s Guidelines for Legal Services Providers and the Attorney-General’s
Legal Services Directions, the latter will take precedence.
CIS is required to appoint a solicitor to:
• advise CIS, where necessary, on the entitlement of a Fund Member to indemnity under the
Comcover policy. Please note that this will only be necessary where it is not clear that the policy
will respond to the claim;
• advise CIS that any proposed settlement of a legal liability claim exceeding $10,000 is in
accordance with legal principle and practice as required by the Legal Services Directions;
• conduct the