Brandon Silva

Special Counsel

Qualifications: LLB

Industries

Practices

Brandon is an insurance litigator with 10 years’ experience specialising in public liability, medical treatment and workers compensation claims.

Brandon is an experienced insurance litigator specialising in medical treatment, workers compensation and public liability claims.

Brandon acts on behalf of private and public insurers, owners/occupiers of premises, health professionals, public hospitals, and employers. He appears before the District Court and Supreme Court of Western Australia.

Experience

  • Advising and acting on behalf of a public hospitals on claims made by patients involving numerous fields of medicine, including general surgery, orthopaedic surgery, cardiology, obstetrics and gynaecology, paediatric and neonatal care, emergency medicine, radiology, plastic surgery, oncology, urology, and rural general practice.
  • Advising a tertiary public hospital in relation to a claim made by a patient who presented with a pelvic inflammatory process involving the sigmoid colon and appendix. During our investigation we concluded the hospital’s actions in treating the patient’s inflammation with conservative measures were appropriate in his circumstances.
  • Advising and acting on behalf of a private hospital in relation to a claim involving an employee nurse who came into the hospital on her rostered day off to complete a graduate nurses form when she suffered a lower back injury after a fall. We successfully argued, on appeal, that the employee’s injury did not occur in the course of her employment on the basis that she had made a subjective decision to come onto the hospital’s premises to complete the form, and that the hospital did not at any point induce or encourage her to do so.
  • Advising and acting on behalf of a national cleaning company, commercial tenants, public and private hospitals, and property managers of shopping centres in relation to slip and trip claims, and negotiating favourable outcomes on behalf of our clients.
  • Advising and acting on behalf of a security companies, and nightclub operators in relation to in relation to trespass and battery claims, and successfully raising a defence of lawful authority which resulted in a favourable negotiate settlement of the claims on behalf of our clients.
  • Advising and acting on behalf of the owners and occupiers of an aboriginal community, where a young child was run over by a lawnmower operated by a subcontractor engaged by our client. Due to the nature of the claim we were able to claim no liability by our client and, with the claimant agreeing to walk away from his claim against our client with both parties bearing their own costs.

Awards and recognition

Best Lawyers in Australia 2023
Recognised – Insurance Law ('Ones to Watch 2023')

Professional Membership

  • Law Society of WA
  • Australian Insurance Law Association

Latest thinking

Insurance | 22 Jan 2018

WA Insurance Round-Up – Issue 5

The District Court of Western Australia has dismissed an appeal by a worker against a decision of the WorkCover Arbitration Service, dismissing his application for additional workers’ compensation entitlements.