We act for private and public hospitals, specialist clinics and other health care professionals. We recently defended a pathology service in relation to proceedings brought by a widow. It was alleged that the misdiagnosis of a melanoma caused the patient’s death.
We have represented barristers for over 30 years including sitting Federal Magistrates and Federal Court Judges with respect to matters arising from work pursuant to the private bar. These claims have challenged the advice received and the advocacy skills of the barristers.
We acted in relation to the inadvertent breach of sensitive data due to poor data sharing practices. We advised in relation to the obligations under the Privacy Act 1998 (Cth) and assisted the client in implementing an IT Response Plan, which included taking urgent steps to ensure that no further breaches occurred and notifying affected individuals.
- Engineer / Surveyor
We have advised on various multi party Supreme Court proceedings for defective building or engineering works and developments involving consulting engineers and contractors, town planners, surveyors and local authorities, involving a complex analysis of proportionate liability and quantum by reference to rectification costs and alleged consequential loss.
The successful defence at trial of a claim against a civil engineer following the collapse of a building that killed four workmen.
Berwick v Wickens, John Lay and R J Watkinson & Partners (January 2000, unreported)
- Cyber breach
We advised and assisted a professional indemnity insurer with respect to multiple claims under a cyber liability endorsement for first party hacker damage, in particular, ransomware attacks on computer systems. On each occasion, a crypto locker virus had been utilised by the hackers, with a demand to pay a ransom in Bitcoins in order to regain access to their computer systems. Some of the insureds were seeking to recover the ransom monies paid, whilst others were seeking reimbursement of the costs incurred in restoring and rebuilding their computer networks, thereby necessitating a detailed consideration of the costs incurred in restoring the networks. We advised the insurer with respect to policy coverage, the proper quantification of the claims as well insureds’ entitlements to the retainer of PR and media advisers to mitigate damage to their reputations under the reputation repair extension of the policy.
- Financial Advisor / Mortgage Broker
In addition to acting as coverage counsel, and monitoring and working with defence counsel, in two class actions and in proceedings brought by ASIC and ACCC, we represented fund managers in the defence of large, class action type complaints brought by disgruntled investors and financial advisers in respect to failed property syndicates and investment funds.
We acted in the successful defence at trial of a claim against a firm of accountants for alleged professional negligence, in respect of which our client obtained an order to recover its costs on an indemnity basis.
Davan Developments Pty Ltd v HLB Mann Judd (SE Qld) Pty Ltd  QDC 121
Successfully defended at trial a claim against a finance broker where our client recovered its costs on an indemnity basis in reliance on a Calderbank offer made before trial.
BOQ Equipment Finance Pty Ltd v Visposin Pty Ltd & Ors  QDC 266
- Class Action
Represented Tower Insurers in the $1.5 billon class action being prosecuted against dam engineers at Wivenhoe and Somerset Dam arising out of the 2011 Queensland floods.