Andrew has practised in insurance law for over 15 years and is partner in our Melbourne general liability practice. He regularly acts for a range of local and international insurers and specialises in handling claims involving public occupier's liability, statutory recovery actions, worker's compensation, product and public liability, and property damage.
Additionally, Andrew has specific expertise advising on occupational health and safety (including WorkSafe prosecutions), asbestos and dust diseases, government liability, subrogated recoveries, policy interpretation, statutory indemnity and double insurance issues.
Andrew regularly presents on personal injury and property damage topics directly to insurers and brokers, and at industry forums such as LegalWise Seminars and for TV Education.
Areas of Expertise
- Personal Injury
- Workers Liability /Recover
- Property Damage (3rd party)
- Coverage (stand alone)
- Product Recall
- Coronials, Inquiries & Prosecutions
- Healthcare Professional Liability (include Med Mal)
- Construction & Infrastructure
- Consumer Goods
- Healthcare & Life Science
- Sport Leisure & Entertainment
- Industrial injuries, statutory recovery actions (s. 138) by the Victorian WorkCover Authority and related Serious Injury Application and common law actions. These cases have involved product liability claims, construction site injuries, Legionnaires disease, exposures to chemical fumes, gradual process injuries, psychological injuries and the more ‘common’ L4-L5 disc prolapse claims.
- Acting in respect of claims against it by a worker and WorkSafe Victoria relevant to injuries as a result of an elevator allegedly falling. W+K were engaged and briefed a specialist engineering consultant to comment on the alleged failure.
- Acting in relation to a personal injury claim by a plaintiff who claimed he tripped and fell over a displacement that formed between the elevator’s terminal landing and the ground floor of a building. The allegations relate to poor maintenance, defective servicing and a failure to rectify known performance issues with the elevator.
- Acting for an elevator company in defence of a Victorian Supreme Court claim by a plaintiff who alleged psychiatric injury as well as serious injuries requiring surgery as a result of a fall following an elevator stopping above the basement floor.
- Acting for an elevator company in defence of a NSW District Court claim relating to allegations that a lift door had malfunctioned and closed on a Plaintiff’s wrist.
- Defending an elevator company against an injury claim brought by a contractor working at a construction site at which the client was installing an elevator. The contractor alleged that the client negligently operated the elevator while he was working in and around the area, causing it to strike and injure him.
- Several claims representing security companies who were sued for failing to make proper inquiry on attending an alarm situation.
- Representing a security company sued by an employee manager of a clothing chain who claims to have sustained acoustic shock when an alarm sounded and she was unable to deactivate it.
- Acting in a number of claims involving defective electrical equipment causing personal injury and property damage.
- Acting in many claims involving air-conditioning equipment and other electrical devices including dishwashers, light fittings and washing machines that have resulted in house fires.
- Catastrophic injury claims, including a brain injured camper struck by a tree limb whilst sleeping in his tent and a young lady who fell into a shaft and a young man who sustained injuries resulting in a persistent vegetative state require “48 hour daily attendant care”.
- Building and constructions claims. Andrew has acted for a concreting company that constructed footings that did not comply with structural drawings. The building was subject to significant deferential movement but expert evidence tended to causes other that the footings.
- Fire damage claims. Andrew has recently acted for a building company in respect of a claim made against it for substantial damage to a cinema that was alleged to have been caused by a halogen light.
- Water Act and other VCAT property damage claims.
- Australian Insurance Law Association (Committee Member)
- Australian Professional Indemnity Group
- Johnston v Endeavour Energy: To opt out or not to opt out? That is the question, IYIR 2015
- Amaca v CSR Ltd & Bradford Insulation: Statutory or equitable contribution? – IYIR, 2015
- Kennedy v Shire of Campaspe: Is there clarity or confusion about the Road Management Act 2004 (Vic)? – IYIR, 2015
- Re-righting the “Wrongs” retrospectively? – IYIR, 2015
- Not so wrong after all – the Wrongs Amendment Bill 2014 – IYIR, 2014
- When there’s nothing wrong in having another crack, 2016
- Personal injury hypothetical – claimant with a gripe about grapes