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The decision of the High Court of Australia in Akai Pty v. People's Insurance Co established that a foreign jurisdiction clause in an insurance clause could be overridden on choice of law and public policy principles. The Court disregarded the parties' intent, as expressed in the contract, and treated the clause as a choice of forum clause subject to Australian law. The result was that the High Court dismissed the stay of proceedings, allowing Akai to make use of section 54 of the Insurance Contracts Act 1984.

The Queensland Court of Appeal ruled in Hampson Syndicate 1204 v. Mining Technologies Australia Pty. that an insurer was liable for partial loss expenses under their policy to the mining company. The case involved mining equipment buried in a shaft collapse and the cost of trying to retrieve it. The court ruled that the insurer was not beyond the scope of the policy's indemnity and the company ws entitled to recover retrieval costs.

The High Court of Australia ruled in CIC Insurance Ltd. v. Bankstown Football Club that section 58 of the Insurance Contracts Act 1984 did not apply and that a statutory contract was not formed when the insurer incorrectly cancelled a fire insurance policy. The insurance policy's indemnity clause limited the insurer's liability if the insured did not rebuild or repair promptly. The Court found that the indemnity clause was applicable and that the insurer's liability was limited to the indemnity value at the time of the first of the two fires involved.

The High Court of Australia ruled in Qantas Airways Ltd. v. Aravco Ltd. that the indemnity clause in the insurance contract between Qantas and Aravco did not violate section 74(1) of the Trade Practices Act 1974. BAT Industries PLC sued Qantas for negligent damage to aircraft owned by BAT. While Qantas did indeed breach the implied warranty of due care imposed by section 74(1), that breach had no effect on the indemnification agreement. Aravco could not make a claim under section 74(1) unless it actually sued Qantas for breach of warranty.