We have represented public sector agencies, religious organisations, insurers and their insured clients in a range of complex, sensitive and legacy matters ranging from occupational and dust diseases to institutional abuse claims involving schools, care homes, hospitals, detention centres and other private and public sector facilities.
Sadly there’s been no shortage of claims involving long-running incidents and injuries, institutional failings or allegations of complicity or deception. These claims require special care and expert legal skills in equal measure because liability is often not clear-cut and even when the facts are established, unwinding the insurance liabilities and contributions can entail significant litigation.
Occupational and dust diseases claims
We defend claims where individuals have suffered mesothelioma, asbestosis and other dust-related claims and claims arising from exposure to harmful chemicals leading to chronic conditions such as cancer, respiratory issues and dermal skin conditions.
Appearing before all state, federal and specialist tribunals in Australia, including attending coronial inquests and prosecutions, our lawyers represent insurers, manufacturers, developers, directors and officers and other executives and managers.
Institutional abuse claims
For almost 20 years we have given coverage advice and defended institutional abuse claims which involve historical issues, and present challenges in establishing facts and determining policy coverage across multiple policy periods. We have created a range of tools, including policy banks, that assist identify these issues and enable better predictive accuracy about relevant issues and how best to address them before they escalate.
Acting for a former manufacturer of asbestos-containing products in the defence of personal injury claims nationally, including estate and dependency claims.
Acting for the liability insurer and operator of immigration detention facilities in claims by former detainees who allegedly sustained psychiatric injury while in detention.
Advising insurers on these sensitive claims, involving complex coverage issues including whether, and for what period, the insurer was on risk, and potential contributions from insurers in other years. Contemporaneous knowledge of the abuse by the institutions and late notification issues also affected coverage.
We paid careful respect to the NSW Government Model Litigant Policy in working with government agencies to identify those few claims that should be contested and to ensure that we acted in accordance with the Government’s desire to see reasonable compensation offered to deserving victims.