Ben Clarke

Special Counsel

Practices

Ben has more than 9 years’ experience in the area of statutory insurance acting on behalf of insurers, self-insurers, employers, government agencies, and ReturnToWorkSA and its claims agents, across South Australia, the Northern Territory and Western Australia. This includes conduct of defending proceedings of this type across all disciplines of insurance, including workers compensation, CTP and recovery proceedings in these jurisdictions. Ben manages a team of lawyers and support staff cross-jurisdictionally in South Australia and the Northern Territory.

Ben’s core expertise lie in strategic and risk management advice. He is known for his legal capability to operate effectively and efficiently in a high volume, multi-disciplined practice, no matter the claim size, delivering timely resolution and often without recourse to litigation. Ben’s knowledge and negotiation skills enable him to finalise compensation and empoyment liabilities.

Ben has well rounded experience in a range of disciplines given his extensive experience, which often involves representing clients with regard to multiple areas due to the unique nature of South Australia, the Northern Territory and Western Australia. He has in-depth experience working in these jurisdictions and often recommends alternative dispute resolution models to drive favourable results.

Experience

  • Acting for workers’ compensation insurers, state and territory government departments, self-insured employers and registered employers with respect to workers’ compensation related matters, including in relation to statutory claims for impairment benefits, weekly payments of compensation, return to work, permanent impairment, average weekly earnings, physical/psychological injury claims, death claims, and medical and treatment disputes.
  • Regularly acting for and advising insurers and employers to resolve a range of CTP and workers’ compensation liability claims, including day-to-day conduct/management of claims, and often involving complex liability, medical and quantum issues.
  • Regularly advising on pre-determination of liability, strategic claims management and through to the hearing/trial of matters, being involved in every step of the process along the way.
  • Regularly advising corporate insurers on the application of the Injury Scale Value scheme and its interplay with the Civil Liability Act 1936 (SA) and the Civil Liability Regulations 2013 (SA).
  • Regularly appearing before the SA Employment Tribunal, Magistrate Court and District Court of South Australia, NT WorkSafe and the Darwin Work Health Court at mediation/conciliation conferences, pre-trial hearings and performing solicitor advocacy representation at settlement conferences, interlocutory hearings and to the instruction of counsel, when required.
  • Acting for ReturnToWorkSA in relation to various matters of critical importance to the management of the South Australian workers’ compensation scheme, including being the instructing solicitor on a number of matters which proceeded to the Full Bench of the South Australian Employment Tribunal and the Full Court of the Supreme Court of SA.
  • Extensive experience in trial preparation, including the preparation of affidavits, pleadings and statements of issues and contentions.
  • Initiating and defending proceedings relevant to indemnity and recovery in workers’ compensation matters against approved insurers and potential third parties.
  • Managing a team of lawyers and support staff cross jurisdictionally in South Australia and the Northern Territory.