perth Office P: +61 8 9222 6998

Claire MacMillan

Special Counsel

About Claire

Claire is experienced across financial lines. She specialises in professional indemnity, construction claims, employment liability and cyber. She also acts on property damage, environmental impairment claims and product liability claims.

Claire works across a wide range of industries (including construction, mining and resources, technology and finance) for large insureds as well as SMEs. Coupled with her background in commercial litigation, she has a keen insight into claims and the skills to manage disputes. Her focus is on the strategic management of a claim to facilitate a commercial resolution.

Claire works with both local and international insurers. She provides policy coverage advice and also advises on subrogated recoveries.

Claire is actively involved in industry organisations with a particular emphasis on groups that support women in business, building a network across brokers, loss adjusters and other insurance lawyers in Western Australia.

Areas of Expertise

  • Professional Indemnity
  • Coverage (stand alone)
  • Construction & Contract Works
  • Property Damage (3rd Party)
  • Environmental & Agricultural Impairment

Industry Representation

  • Construction & Infrastructure
  • Energy & Mining
  • Financial Institutions & Services
  • Property & Real Estate

Claire's Experience

  • Defending a claim against a rail maintenance provider following a train derailment. The claim involved 2 sets of proceedings and multiple parties.  Strategic planning and pressure applied by W+K led to a good mediated outcome.
  • Acting for a professional indemnity insurer in a coverage dispute about non disclosure. The claim involved analysis of policy wording, an insurer’s duty of utmost good faith and forensic analysis of events preceding policy inception.  The matter was resolved after careful, strategic negotiation.
  • Acting for a valuer in defence of claims brought following the global financial crisis, including a class action brought by investors in a property development and several large claims by banks and lending institutions. The cases involved technical expert evidence, including concerning bank lending practices, and some required consideration of novel issues relevant to causation.  All were resolved.
  • Assisting an insurer with coverage advice for a claim arising out of an ASIC investigation and allegations of insider trading. The matter involves careful management of defence counsel and strategy employed by the insured.
  • Providing coverage advice, including on the availability of other insurance, to an insurer in relation to property damage to gas field infrastructure following a cyclone.
  • Advising an insurer about a claim for property damage which occurred during construction works. The matter requires consideration of contribution between insurers, as well as availability of and access to other insurance.
  • Assisting an insurer with coverage advice and resolving a claim for environmental clean up costs following derailment of a train carrying acid during floods, including advising on causation.
  • Advising an insurer about coverage, liability and quantum for a third party claim for environmental clean up costs arising from the redevelopment of a commercial sites the subject of a sale agreement. The matter includes considering the source of pollutants (including asbestos), and relevant clean up standards.
  • Acting in a subrogated recovery claiming $5 million arising from damage, during a cyclone, to a wharf at a coal terminal.
  • Providing coverage advice and strategic guidance in relation to a product liability claim concerning commercial farming equipment.
  • Acting for drug suppliers in relation to product liability claims made by consumers.

Professional Affiliations

  • Australia Insurance Law Association
  • Law Society of NSW
  • The Association for Women in Insurance
  • Women on Boards
  • Business Chicks
  • Women Lawyers of WA
  • Society of Construction Law Australia
  • National Association of Women in Construction