Third party​

• Acted for a maintenance contractor in the 2014 Parkerville bushfire litigation in Western Australia. Justin was heavily involved in the assessment of damages aspect of the proceeding in the first instance. The matter was appealed twice, and Justin was heavily involved in preparation of the matter, which ultimately ended with a successful verdict for the insurance market in the High Court of Australia, where Justin instructed counsel.​
• Defended an electricity distributor in a Supreme Court of Victoria litigation, whereby in excess of $100 million was claimed by an operator of a smelter as a result of a power outage.​
• Defended an electricity transmitter in a claim brought against it by a business who alleged that a power outage caused it loss and damage. The matter proceeded to a 3-day trial in the Magistrates Court of Victoria, whereby judgment was awarded in our client’s favour and the Plaintiff was required to pay our clients costs of the proceeding.​
• Regularly acting in defence of plumbers, builders, electricians and other contractors in state courts and tribunals.​

Indemnity / Coverage​

• Acted for an insurer in an indemnity dispute brought against three insurers by a large school seeking cover for a settlement payment made to victims of sexual molestation. The matter was brought in the Supreme Court of Victoria and Justin instructed Counsel in the trial. The matter settled after 6 days of trial, with the client paying significantly less than what was sought from it by it’s insured.​
• Defended an insurer in an indemnity dispute brought in the Federal Court of Australia where in excess of $40 million was claimed for damage and consequential losses following a number of incidents at a soil processing facility.

Subrogated recoveries​

• Acted for ISR insurers in a successful subrogated recovery claim against brought against a neighbouring builder, who had caused physical loss and damage to the Insured’s premises, as well as resultant Section 2 losses.
• Recovering losses indemnified on Mobile Plant and Equipment policies against mine operators.​
• Acting for landlord insurers in subrogated recovery actions brought against tenants and acting for small business insurers of tenants in contribution claims against maintenance contractors.​
• Regularly advising insurers on the interpretation of Contract Work and ISR policies,  extended definitions of ‘Insured’ and subrogation waivers.​

TTL

• Regularly advising insurers on coverage and indemnity issues arising from the transportation of goods, including claims for demurrage, consequential losses and damage to goods in transit.​
• Acting for inland carriers against claims involving a variety of parties including consignors, consignees, freight forwarders, shippers and other contracting parties for losses incurred through the transportation of goods.​
• Advising insurers on the application of the Institute Cargo Clauses and the Marine Insurance Act.​
• Defending freight forwarders in claims involving demurrage, detention and container disposal costs