Freya Soding

Senior Associate

Qualifications: LLB, GDLP, BA

Industries

Practices

Freya has more than seven years’ experience advising the Insurance Commission of WA on personal injury claims arising out of motor vehicle accidents (CTP). It is a unique area of law in Western Australia with only one insurer, the Insurance Commission of WA. Freya also advises QBE Insurance (Australia) Limited on CTP claims which occur in Western Australia but involve an interstate registered vehicle. She has a particular interest in dependency claims arising out of fatal accidents, catastrophic claims and suspected harvested claims.

In addition, Freya advises private insurers on workers compensation claims.

Freya has appeared in the District Court of Western Australia and at WorkCover hearings.

Freya is an approachable person in the office and when dealing with other parties involved in all of her matters. She plays an active role in pro bono and community initiatives, including events with Ronald McDonald House, ABCN and pro bono matters. She is also involved in the sports committee in the Perth office.

Experience

  • Providing advice on liability and quantum across all range of claims including minor quantum, complex catastrophic claims, dependency claims arising out of fatal accidents, suspected harvested claims and compromise applications where the plaintiff (or defendant) is a person under a disability and settlement requires court approval.
  • Assisting counsel at a trial in 2015 which involved two motor vehicle accidents where causation of hip and head injuries were in dispute. The trial was vacated part heard (due to the plaintiff’s involvement in a third accident) but the parties successfully negotiated settlement.
  • Had the day to day conduct of a matter (under the supervision of a partner) and assisted counsel with the Commission’s first suspected harvested claim to proceed to trial in the District Court of Western Australia (Mtsambiwa v Zagari [2019] WADC 154). The action was successful with the plaintiff’s claim being dismissed and ordered to pay the Commission’s costs.
  • In 2020, Freya provided extensive advice on a catastrophic claim (plaintiff was a tetraplegic) where liability was also in dispute. During the management of the claim, Freya obtained expert evidence from an engineer and sought information regarding criminal proceedings against the insured driver. The matter successfully resolved at the first pre-trial conference.
  • Appearing at WorkCover on behalf of insurers and at the District Court of Western Australia in CTP matters on interlocutory applications, compromise applications and listing conferences.

Awards and recognition

Best Lawyers in Australia 2023
Recognised – Personal Injury Litigation ('Ones to Watch 2023')

Professional Membership

  • Australian Insurance Law Association
  • Law Society of Western Australia

Latest thinking

Insurance | 1 Dec 2020

Despite Court dissolving trust fund, Plaintiff not required to pay back unused trustee fees

Levi Saunders was nine years old when he suffered an acquired brain injury after he was involved in a motor vehicle accident on 3 August 2008. On 28 February 2014 (at the age of 15), the claim was resolved (by way of compromise application) and judgment entered for $7,000,000 plus trustee fees for $1,268,813.