Thomas works across Wotton + Kearney’s Financial Lines and Subrogation & Recoveries practice groups. He has particular experience in matters relating to professional indemnity, subrogated recoveries and coverage advice in the London and Australian markets. Thomas advises insurers and their insureds on shareholder class actions, regulatory investigations by ASIC and financial services remediation schemes.

Thomas has significant experience acting for financial services providers and their insurers in complaints lodged with the Australian Financial Complainants Authority and regularly assists insurers and their insureds in that jurisdiction.

Thomas manages a portfolio of commercial recoveries on behalf of various Australian insurers and runs a number of large subrogated recoveries resulting from first party property damage claims and marine incidents.

Thomas plays an active role in Wotton + Kearney’s Community Footprint Program. He currently volunteers at the Senior Rights Service providing legal assistance to the elderly. He also acts on a pro bono basis by referral from the New South Wales Supreme Court JusticeLink program.

Prior to joining Wotton + Kearney, Thomas provided advice and acted for financial institutions and insolvency practitioners in relation to litigated claims under the Corporations Act 2001 (Cth) and general commercial litigation.

  • Advising Underwriters across multiple policy years (and their Insured) in relation to numerous complaints with the Australian Financial Complainants Authority involving systemic failures of an authorised representative and potential unauthorised financial advice by a third party.
  • Running proceedings on behalf of an insurer to the High Court of Australia in relation to a coverage dispute concerning the application of an aggregation provision to representative proceedings.
  • Advising insurers in relation to running and settlement of a recent $60M shareholder class action against an organic baby-formula manufacturer.
  • Providing coverage advice to insurers in relation to a $15 million insolvent trading claim. The claim concerned the potential trigger of a conduct exclusion in the policy and involved a detailed consideration of that exclusion along with a consideration of the mechanisms in which to trigger the exclusion.
  • Defending professionals including accountants, financial planners, real estate agents in claims for negligence and breach of contract. Thomas has been able to achieve commercial outcomes to minimise both insured’s and insurers’ exposure.
  • Providing coverage advice to insurers in relation to cyber insurance claims arising from hacking, manipulation and ransom of insured’s computer systems.

Commercial Recoveries

  • Successfully recovering $9.2M on behalf of a large insurance market in relation to a claim against the design and construction contractor of a impervious bund liner and associated drainage system. The recovery represented a 90% recovery for insurers after costs.
  • Acting in the successful recovery of $300,000 from a negligent excavation company without the need for commencing formal proceedings or incurring significant legal or expert fees.
  • Acting for insurers of coal and gas terminal in a $5million recovery arising from a collision by a barge in a cyclone. The recovery involved a consideration of the Convention on Limitation of Liability for Maritime Claims and a detailed consideration of negligence in a natural disaster.
  • Acting for insurers of a recruitment company in successfully recovering $250,000 stolen by a former director through the use of a restorative justice mediation. The mediation provided an opportunity to leverage criminal proceedings against the former employee to obtain a 75% recovery after costs.
Areas of Expertise
  • Class Actions
  • Financial Institutions
  • Subrogated Recoveries

Industry Representation
  • Financial Institutions + Services
  • Property + Real Estate
  • Technology + Cyber
  • Transport + Marine

Professional Affiliations
  • Australian Professional Indemnity Group
  • Australia Insurance Law Association
  • Law Society of NSW