Connect with meLuke leads the financial lines practice in the Perth office. He has extensive litigation and disputes experience with a particular focus on:
- acting on behalf of construction professionals, accountants, medical and legal practitioners in both professional negligence and disciplinary matters; and
- claims against directors and officers (D&O), both civil liability, and regulatory investigations and prosecutions.
Luke’s expertise includes acting on behalf of a wide range of professionals, including all types of construction consultants (engineers, architects and certifiers) in a broad range of disputes arising out infrastructure and complex engineering projects. Many of these claims involve complex legal and technical issues, involving high value claims and often multi‑party proceedings.
His expertise across all aspects of D&O and management liability risks ranges from, sole-traders and SME’s to large ASX companies. He is known for combining technical with pragmatic advice to mitigate financial and reputational exposure in an increasingly complex regulatory environment. Luke has acted as defence counsel in a variety of regulatory investigations and prosecutions instigated by a range of regulatory bodies including ASIC, ACCC, WorkSafe WA, AHPRA and the Education and Care Regulatory Unit.
Known for his commercial and pragmatic approach, Luke works closely with insurers and insureds to deliver strategic advice, aimed at achieving efficient and favourable dispute resolution outcomes.
Directors and Officers
- Acting on behalf of a former non-executive chair and major shareholder of an ASX-listed company in defence of a misleading and deceptive conduct claim arising from its acquisition by an international construction engineering company.
- Acting for the former Chair of a Western Australian ASX-listed gold mining company in defence of an ASIC proceeding relating to his involvement in the company’s alleged continuous disclosure breaches.
- Acting for the Chief Executive Officer of the Electric Vehicle Council in Federal Court of Australia in defamation proceedings arising from comments made in an internal Slack channel, being one of the first Australian cases of its kind.
- Acting for the CEO of a statutory body in proceedings alleging misfeasance in public office, together with associated judicial review and appellate proceedings.
Professional indemnity
- Acting on behalf of a structural engineer in a multi-party dispute in the Supreme Court of WA arising from the design of an aquatic centre involving a significant roofing failure.
- Acting on behalf of accountant in Supreme Court of WA in litigation arising from the proper tax treatment of share sale shortfall.
- Acting on behalf of a mechanical engineer and green star consultant in defence of a Supreme Court of WA proceeding commenced by a developer of two adjoining office towers.
- Acting on behalf of civil engineer in defence of Supreme Court of WA proceeding commenced by a developer arising from the substantial road cracking in a large subdivision project involving over 40 lots.
Workplace
- Acting on behalf of a quarry operator located in Geraldton WA, in respect of a WorkSafe WA prosecution relating to a fall from heights. This was one of the first charges brought under the WHS regime in WA.
- Acting on behalf of a fire assay company in defence of a WorkSafe WA prosecution involving lead poisoning of its workers which was the first prosecution of its kind in WA.
Medical Malpractice
- Acting on behalf of cardiologist in defence of complex multi-party proceeding involving the misdiagnosis and treatment of a heart condition.
- Acting on behalf of general practitioner in response to AHPRA investigations in respect of alleged inappropriate prescribing of weight loss medications.
- Professional Liability
- Defamation
- Directors and Officers Liability
- Health
- Investigations and Inquiries
- Work Health and Safety
- Construction and Infrastructure
- Energy, Mining and Power
- Professions and Business Services
- Australian Insurance Law Association
- Australian Professional Indemnity Group