Practices
Insurance Liam is an accomplished litigator and advocate, with an exceptional track record in obtaining successful outcomes for his insurer clients.
Liam specialises in coverage disputes and subrogated property recoveries, including in mass tort bushfire litigation. Liam acts across a broad spectrum of subrogated recoveries, including tortious claims in negligence, nuisance, and deceit, as well as contractual claims and claims made under statute including the Australian Consumer Law, the Building Act 1993 (Vic) and the Water Act 1989 (Vic). Liam practices across several jurisdictions, and has experience in the High Court of Australia, the Federal Court and the Supreme Courts of Victoria, Western Australia, Tasmania, South Australia, New South Wales, as well as lower courts throughout the country.
Liam is trusted and respected by his clients for his ability to absorb complex technical evidence and voluminous documentation in a highly efficient manner. His strategic decision-making and ability to focus on ‘signal’ rather than ‘noise’ is fundamental in ensuring disputes are managed in an efficient and focused manner. It is this aptitude that has enabled Liam to develop a practice with a specific focus on mass tort, large loss and complex litigation.
As a first-party insurance expert, Liam has a deep understanding of the Insurance Contracts Act 1984 (Cth) and indemnity principles. This specialised knowledge, combined with his tactical nous has seen Liam develop a reputation within the insurance industry as an insurance fraud and policy coverage expert. Liam assists insurers with their IDR and EDR processes, as well as litigated disputes, and advises clients across a wide-range of policies including Industrial Special Risks, contract works, business, strata, farm, home and contents, motor and public liability insurance.
Experience
- Electricity Networks Corporation Trading as Western Power v Herridge Parties & Ors [2022] HCA 37: Successfully representing three insurers and approximately 200 plaintiffs in mass tort recovery litigation arising from the Parkerville bushfire in Western Australia. The High Court of Australia ruled 5-0 in favour of Liam’s clients, finding all three defendants liable for the substantial property damage losses incurred by Liam’s clients.
- Acting for insurers and their customers across a number of mass tort recovery actions involving property and resultant business losses from bushfires in Victoria, New South Wales, South Australia and Western Australia
- Acting for a conglomerate of insurers and a publicly-listed insured against four defendants in proceedings relating to fire and water damage to a licenced venue, resulting in substantial business interruption losses. Liam recovered 100% of insured and uninsured losses, as well as substantial interest.
- Acting for an insured whose property was damaged by excavation works carried out on the neighbouring property. Recovery proceedings were issued under the Building Act 1993 and 100% of damages were recovered.
- Managing and supervising a high-volume property damage litigation practice (both recoveries and defendant work) for Australian corporate insurers in Victoria and Tasmania.
- Acting on behalf of insurers in recovering sums paid out under fraudulent insurance claims as well as recovering investigation expenses and obtaining awards of exemplary damages against fraudsters.
- Successfully defending insurers in a number of litigated disputes arising from fraudulent insurance claims including arson, home and contents claims, theft, and motor vehicle collisions. In doing so, Liam has successfully interrupted organised crime syndicates, as well as recovering insurers’ investigation costs and obtaining awards of exemplary damages against fraudsters. The key to Liam’s success is his determination, his knowledge of the tactics and methods used by criminal syndicates, his targeted use of court procedures and subpoenas and his attention to detail.
- Successfully defending his client in a $21 million product liability and misleading and deceptive conduct proceeding in the Federal Court. Settlement was ultimately achieved three days into the trial whereby the plaintiff agreed to discontinue the proceeding against Liam’s client and pay 100% of the costs and disbursements incurred.
- Liam uncovered evidence which enabled an insurer to deny claims totalling $1.7M made under business and home insurance policies relating to a suspicious fire on the basis of the insured’s fraudulent misrepresentation at the time of applying for the policy.
Latest thinking
Insurance | 8 Dec 2022
End of the line: Parkerville bushfire decision
The High Court of Australia has delivered judgment in favour of the plaintiffs in the Parkerville bushfire litigation.