John is an experienced insurance litigator and is an Accredited Specialist in Commercial Litigation (Insurance). He has extensive experience in a wide variety of different lines of insurance and provides advice concerning policy interpretation across all insurance lines.
John is a highly regarded advocate, regularly appearing for clients in courts and tribunals while also participating in alternative dispute resolution programs in those matters identified as unsuitable for litigation.
In 2016, 2019 and 2022 John was awarded Law Partner of the Year: Insurance in The Lawyers Weekly Awards. He has also been included in The Best Lawyers™ in Australia for Insurance Law (2017-2026), and was a finalist for Law Partner of the Year, Insurance in 2018, 2021-2022.
The breadth of his expertise includes public and product liability; health, medical indemnity and disciplinary; building and construction liability and recoveries; general insurance including home and motor; Aviation, ISR, indemnity and fraud; recoveries; professional indemnity; employment practices liability; strata; management liability and D&O; fidelity; tax audit; food law; statutory liability.
Experience
- Acting in the High Court decision Sweeney v Boylan Nominees Pty Ltd (2006), which is one of the leading authorities regarding the liability of principals for the negligence of independent contractors.
- Additionally acted in the associated case of Boylan v Williams, the leading NSW Court of Appeal authority on the absence of a cap on a successful defendant's costs.
- Acted for the successful Insurer in a Directors & Officers indemnity dispute in Tempo Holidays Pty Ltd (in liq) v Tully & Berkley Insurance Australia which considers the application of the Duty of Disclosure in Insurance Contracts.
- Litigation involving around 30 patrons of a Chinese restaurant who contracted hepatitis A following the consumption of infected prawns. The claims by the patrons were the subject of an appeal, with our client obtaining a complete indemnity from the prawn wholesaler, with further litigation to enforce that judgment as a charge against the insurer. Zurich Australian Insurance Ltd v Regal Pearl Pty Ltd, a leading authority on liability assumed by agreement exclusions.
- John is the appointed adjudicator for a major insurance group’s intra company dispute resolution protocol.
- Advised various local and international insurers in drafting policies of insurance including general liability, heavy motor, legal expenses and kidnap and ransom.
- Class action involving the 'Wallis Lake oyster litigation', acting for some of the growers and distributors.
- Represented the successful insurer resisting a claim for dual insurance in the NSW Court of Appeal decision in Collyear v CGU involving consideration of lease obligations to reinstate and importantly when dual insurance does not apply.
- Acted for various insurers in targeted bulk recovery actions.
- Acted as coverage counsel for various management liability insurers including in relation to several high profile disputes including in the Connect Logistics prosecutions.
- Acted in the leading NSW authority on the need to separate penalty and liability decisions in Medical Disciplinary matters, King v HCCC.
- Acting for various insured professionals including Engineers, Accountants, Architects, Allied Health and Travel Agents.
Awards and recognition
Lawyers Weekly
2016, 2019 and 2022 | Winner | Partner of the Year (Insurance)
2018 and 2021 | Finalist | Partner of the Year (Insurance)
Best Lawyers in Australia 2017-2026
Insurance Law
Memberships
- Law Society of New South Wales
- Australian Insurance Law Association
- Australian Professional Indemnity Group