Led by a team of recognised experts in insurance law, our practice has a strong focus on serving the needs of the general insurance industry and defendants in civil litigation claims. We act for a number of leading insurers in the Australian market. We understand the intricacies of insurance law and are trusted advisors when it comes to policy interpretation, drafting and review. We have been helping our clients navigate complex matters for over 20 years. We serve clients in the following areas:
- Public and products liability claims in various Australian jurisdictions, including in the pre-litigation regimes of Queensland (PIPA) and the ACT.
- Professional indemnity claims in various fields. We have experience handling PI claims on behalf of surveyors, building certifiers, real estate agents. psychologists and physiotherapists.
- Policy coverage analysis, interpretation and drafting. This experience includes having drafted policy wordings used by major insurers in the Australian market today.
- Contribution and dual insurance disputes, including matters litigated in State/Territory Supreme Courts and the Federal Court of Australia Insurance List.
- Commercial insurance
- Abuse matters
- Asbestos and silica claims
- Property damage litigation including in the construction industry
- Advice on regulatory compliance
Our approach
We help clients manage the entire claims process to deliver commercial, cost-effective solutions. Wherever possible, we use alternative dispute resolution processes to divert matters from litigation and provide streamlined solutions for a claims and disputes. If defending a matter in court is the most viable option in the circumstances, we provide sturdy guidance, meticulous preparation and strong defence in all litigated proceedings.
Products and public liability
We act for some of Australia’s leading insurers, liability protection providers, claims managers and commercial occupiers. We also act for major construction companies, educational institutions and retail chains. We have acted in some of the leading decisions on the application of tort reform legislation in Australia. Our team has extensive experience handling complex personal cases including those involving defective products and consumer injuries, as well as catastrophic injury claims.
Examples of Cases in which we have obtained successful outcomes for our clients include:-
- Strong v Woolworths Ltd [2012] HCA 5 – acted for the successful defendant (CPT Manager Ltd) in this matter, a leading High Court authority with respect to occupier’s liability claims.
- Hallmark Construction Pty Ltd v Harford [2020] NSWCA 41: successfully defended this claim at trial and on appeal in which two other parties were found liable. The case concerned the liability of a head contractor and sub-contractors on a construction site and the issue of vicarious liability.
- Smith v Croote Pty Ltd [2014] NSWCA 35 – successfully defended this liability claim at trial and on Appeal arising from an assault outside licensed premises in Lightning Ridge.
- Damm v Coastwide Site Services Pty Ltd [2017] NSWSC 1361 – obtained an order for security for costs for Leighton Contractors (now known as CPB) against a co-defendant which sought to set aside a Consent Judgment obtained in our client’s favour from the plaintiff. Our proactive approach in negotiating a release from the plaintiff was an excellent outcome for our client in circumstances where the other defendants were of the view that our client had a significant exposure in this Supreme Court matter which involved an accident on a contraction site.
- Parker v City of Bankstown RSL Community Club Ltd [2015] NSWCA 246 – acted for the Club in the successful defence of this large occupier’s liability claim at trial in the Supreme Court and on Appeal.
- Malo v South Sydney District Junior Rugby Football League Limited & Anor [2008] HCATrans 135 – this matter concerned the important point as to the mode of trial in a civil claim arising from catastrophic injuries sustained in a rugby league match. The plaintiff’s application for a trial by jury under section 85 of the Supreme Court Act was successful before a Supreme Court judge and then set aside on appeal. The plaintiff’s special leave application to the High Court was refused.
Advisory services
Our policy review and drafting services are tailored to our client’s specific business needs and risk profile with a focus on ensuring clarity and compliance. We provide specialist advice to major insurers on portfolio-level policy interpretation decisions, coverage issues and recoveries. We are responsive to legislative change and can assist by interpreting complex policy language to ensure it is clear and current.