Stuart works across Wotton + Kearney’s General Liability, Property & Energy and Subrogation & Recoveries practise groups. He has developed a specialisation in product liability and property damage claims, both on the casualty (liability defence and subrogated recoveries) and first-party property (coverage) side.
He leverages his casualty experience and first party knowledge to his subrogated recovery practice, including industrial special risks, water and fire damage losses. His practise also includes claims across the construction, manufacturing, engineering, trade and transport, mining and energy sectors.
Stuart has acted in high value litigation arising out of Energy, Mining + Power losses, as well as high profile industrial fire and construction losses in Perth, Melbourne and Hobart.
Public & Product Liability
- Defending high value cases involving spinal, nervous and brain injuries, as well as claims involving fatalities, nervous shock and associated dependency claims.
- Defending claims made in respect of workplace injuries, including Workers Compensation recovery actions.
- Defending occupiers’ claims including those for state and local government, as well ‘slip and trip’ claims brought by patrons of shopping centres, cafes and other retail areas.
- Defending public liability claims made against building operators, engineers, manufacturers, builders and contractors.
- Defending product liability claims made against suppliers, manufacturers and ‘deemed manufacturers’, including claims in respect of asbestos and dust related diseases.
- Advising on professional indemnity claims and acting as defence counsel on professional negligence claims against construction professionals, builders, building surveyors and engineers other consultants.
- Advising insurers on policy response in relation to claims involving misrepresentation and non-disclosure, fraud and the operation of the Insurance Contracts Act 1984.
- Advising insurers on a high profile fire loss involving serious allegations of criminal wrongdoing.
First Party Property
- Defending an insured (under a complex excess layer policy) in a significant claim arising out of a fire incident causing major property damage and consequential business losses.
- Acting on behalf of an Insured who discovered a Lot they purchased was contaminated with diesel fuel.
- Acting on behalf of the Insured in a subrogated recovery matter seeking to recover for material damage arising out of an excavator that caught fire.
- Extensive experience acting for insurers and insured’s alike in matters of all value and claims in contract, negligence, nuisance and the Australian Consumer Law.
- Acting for insurers and insureds in a subrogated recovery matter seeking to recover in excess of $16 million arising from a high profile building site collapse.
- Acting for insurers and insured in a subrogated recovery matter seeking to recover in excess of $10 million arising from an energy industry building collapse.
- Acting for insurers and insured in a subrogated recovery matter seeking to recover in excess of $13 million arising from a medical industry flooding incident.
- Acting for insurers and insureds in numerous subrogated recovery matters involving fire and water damage.
- General Liability
- Industrial Special Risks
- Personal Injury
- Professional Liability
- Property Damage (Third Party)
- Subrogated Recoveries
- Construction + Infrastructure
- Energy. Mining + Power
- Industrial + Commercial Property
- Manufacturing + Consumer Goods
- Transport + Marine
- Australian Insurance Law Association
- Australian Professional Indemnity Group
- Young Insurance Professionals Society
- Society of Construction Law
- National Insurance Brokers Association