Chris Forder

Senior Associate

Qualifications: JD, BCom (Economics & Finance)

Industries

Practices

Chris handles public and product liability and professional indemnity claims in various jurisdictions, with a focus on property damage and economic loss claims in VCAT and the County Court of Victoria. He is experienced in construction disputes.

Chris makes it a priority to resolve disputes quickly and efficiently. He has a strong track record in the successful defence of claims.  Chris is sensitive to his clients’ real needs and expectations and aims to provide them with practical and commercial solutions, not legalistic blather.

Chris has a background in and a passion for technology; he previously worked in a software company and builds PCs in his spare time. Chris has the ability to leverage technology to great effect in his practice, providing various efficiencies and advantages.

Experience

  • Acting for architects, builders, and plumbers in various claims brought in negligence and contract, and, under the Domestic Building Contracts Act 1995 and the Water Act 1989.
  • Running litigation for parties involved in property damage disputes, including damage caused by water ingress, mould growth, fire, chemical drift/escape, termites, slab heave, moisture and drainage issues, and sewage overflow.
  • Claims for property damage and consequential loss arising out of defective products, including building materials and various commercial goods and components.
  • Advising and acting for insurers in indemnity disputes, including claims on liability policies, industrial special risks policies, and first-party cover.

 

Some of Chris’ recent work includes:

  • Obtaining a favourable judgment for a defendant in the County Court of Victoria. The claim involved the supply of building materials which were allegedly defective.  The proceeding against the insured supplier was successfully defended based on our construction of the warranties implied under the Goods Act 1958.  Our client recovered legal costs.
  • Resolution of Supreme Court of Victoria proceedings involving a broken water main which caused millions of dollars of business interruption and property damage. We were able to implement a strategy which ultimately reduced our insurer client’s exposure by over $15m.
  • Acting in a case before the Chief Justice of the Federal Court of Australia; assisting an insurer to resolve a significantly inflated business interruption claim.
  • Recovering subrogated losses airing out of a fuel leak. The claim involved some key electronic documents and Chris was able to use metadata to improve the reliability of those documents.
  • Advising insurers in relation to claims arising out of the COVID-19 pandemic, including business interruption and landlord policy claims.

 

Latest thinking

Thinking | 12 Sep 2019

Hire Car Damages

On 3 September 2019, the Supreme Court of NSW handed down judgment in three appeals which were heard concurrently. All three appeals dealt with a plaintiff’s entitlement to damages for a replacement vehicle hired following a motor vehicle collision.