I provide advice on complex insurance and indemnity arrangements (particularly prevalent in the resources, mining and construction industries) and multi-party disputes in relation to breaches of contract, the enforceability of contractual indemnities, possibility of recovery against third parties and double insurance issues. I particularly enjoy the variety and challenges of this work and the intricacies of assessing damages for personal injuries.
- Acted for Newcrest Mining Ltd in the High Court of Australia appeal in Newcrest Mining Limited v Thornton. The appeal addressed the interpretation of section 7 of the Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Act 1947 (WA) and specifically whether a plaintiff can bring a second action against a defendant after previously resolving an action by a consent to judgment against a concurrent tortfeasor. The High Court decision forced insurers to review and revise practices in settling claims in order to minimise exposure to multiple, successive claims arising from the same injury.
- Successfully represented two defendants in a catastrophic personal injury claim who were able to transfer any exposure they had for the accident to a third party's insurer. The action was ultimately dismissed at trial.