Michael specialises in acting for various NSW Government agencies and statutory corporations including Sydney Water Corporation, Roads and Maritime Services, Transport for NSW, Department of Education, Sydney Trains, the Sydney Opera House Trust and Family and Community Services in claims involving public liability, catastrophic injuries, property damage and motor/property recoveries.

Michael also has experience advising insurers on coverage disputes and defending insured professionals such as financial advisors and engineers.

  • Defending a mining services contractor in respect of alleged defective repairs to an excavator which was subsequently destroyed in a fire, leading to a claim for the loss of the excavator and associated business interruption losses with total claim value of $17 million.
  • Acting for a timber supplier in relation to allegations alleging of misleading and deceptive conduct in the context of a defective staircase resulting in personal injury.
  • Acting for and defending various government agencies in property damage claims.
  • Defending construction companies in industrial accidents involving falls from heights.
  • Advising an insurer on coverage issues regarding the alleged failure of a ship loading system.
  • Defending an insurer in respect of an alleged failure to indemnify a company which was set up by the insured authorised representative.
  • Defending a claim against a government agency for an alleged sewer mains leak which caused alleged property damage.
  • Defending a project homes builder against allegations that it was negligent in breaching planning legislation.
  • Defending a bridge designer for property damage sustained to third parties arising from a bridge collapse.
  • Defending a firm of engineers in respect of an alleged defective design of a water tank which resulted in leaks in a residential property.
  • Defending tax advisors in a claim involving land tax issues.
  • Defending financial advisors in claims for damages arising from pre-GFC advice.
  • Advising a real estate agent on whether he has grounds to sue the drafter of an open agency agreement for alleged defects in that agreement.
Areas of Expertise
  • Personal Injury
  • Professional Liability
  • Property Damage (Third Party)

Industry Representation
  • Construction + Infrastructure
  • Financial Institutions + Services
  • Public Sector + Education

Professional Affiliations
  • Australia Insurance Law Association
  • Law Society of NSW
  • NSW Claims Discussion Group
  • The Association for Women in Insurance

Michael Fung's Articles
Tragic jetty fall case tests many civil liability issues
Polglase v Coffs Harbour City Council (No 2) [2019] NSWSC 1848 On 19 December 2019, the NSW Supreme Court gave judgment in a complex case involving multiple defendants, which follo...
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Marsupial Miscalculation – obvious risk and the allocation of resources under the Civil Liability Act
Kempsey Shire Council v Five Star Medical Centre Pty Ltd [2018] NSWCA 308 In February 2014, a landing aircraft collided with a kangaroo at Kempsey Aerodrome and was damaged. The o...
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