Aisha specialises in General liability involving complex property damage issues and personal injury, and leads our specialist Trade and Transport Practice Group focussed on Marine claims.
Having acted in three of the Victorian Bushfires class actions and managed other general liability claims for distributors, he has a deep understanding of the legal issues and practical implications of claims in the energy and mining sector.
Aisha’s clients include domestic and international insurers and their corporate insureds. He regularly acts on instructions from an ASX listed company in relation to litigated and un-litigated property damage and personal injury claims of all sizes arising from various consumer products.
He has extensive expertise in first party coverage advice on property, engineering and construction claims gained from several secondment postings in major/complex loss roles. He also regularly handles subrogated recoveries, including damage to goods in transit by road and sea.
Aisha brings a considered commercial approach to claims management having worked exclusively in insurance and risk management including secondments at two large multi-national insurers. While on secondment he managed a portfolio of property/engineering/construction/mining and energy claims (including CAT events) providing support to underwriters.
Areas of Expertise
- Trade & Transport
- Property Damage (3rd Party)
- Product Liability & Product Recall
- Property & Energy
- Subrogation & Recoveries
- Construction & Infrastructure
- Consumer Goods
- Energy & Mining
- Transport & Marine
- Representing Victoria’s largest electricity distributor and its insurers in defence of three landmark class actions arising out of the 2009 Victorian bushfires. The cases involved technical expert evidence and novel legal issues, particularly around damages. Aisha instructed at three trials and two appeals to the Victorian Court of Appeal and is now in the course of resolving the remaining individual claims. Over 250 claims for property damage and personal injury were lodged with the majority now resolved.
- Representing a Japanese company and its insurer in the defence of a high profile multi-party class action brought on behalf of consumers alleged to have suffered personal injuries from the consumption of Bonsoy soy milk. The case involved complicated medical evidence and private international law.
- Defence of public and products liability claims against plumbers, builders, electricians and other contractors in state courts and in VCAT (including claims under the Water Act and Domestic Building Contracts Act).
- Providing responsive coverage advice on ISR, property and liability policies.
- Acting for an insurer in a litigated coverage dispute with a captive where a manufacturing product defect occurred across two insurance programs. The claim involved detailed consideration of the trigger of indemnity. Aisha represented the insurer at an early mediation and in subsequent negotiations, achieving a withdrawal of the claim against W+K’s client.
- Acting for several Victorian electricity distributors in defence of a wide range of claims in tort (property damage and personal injury) contract and statute including claims arising from equipment failure, fire and electrical surges, and claims for business interruption losses.
- Representing a listed energy company in defence of several proceedings arising from a fatal work injury on an offshore drilling platform in the Bass Strait.
- Defending claims in respect of work-place injuries, including common law damages claims and section 138 recovery actions brought by the Victorian WorkCover Authority.
- Regularly acting on instructions from an ASX listed company in relation to litigated and un-litigated property damage and personal injury claims of all sizes arising from various consumer products, including air conditioning/cooling units, heaters, bathroom fittings and other appliances.
- Handling various subrogated recovery actions brought on behalf of insurers including damage to property, including goods in transit.
- Providing advice to a commodities trader on risk management issues arising under a proposed voyage charter party and assisting in drafting options.
- Australian Insurance Law Association
- Law Institute of Victoria
- Melbourne Marine Insurance Forum
- Building Disputes Practitioners Society
- Committee member of the Melbourne Marine Insurance Forum