Tessa Mitchell

Senior Associate

Qualifications: LLB (Hons), BA (Distinction)

Practices

Tessa is a specialist insurance lawyer focusing primarily on claims by sick and injured persons.

Tessa has acted in a number of jurisdictions, including Western Australia, the Northern Territory and Victoria.

Tessa has a broad practice and acts for a number of major Australian general insurers, Lloyd’s of London Syndicates, VMIA and Government Authorities in personal injury and medical defence claims, as well as disputes arising from claims under life and income protection insurance policies.

Tessa has also acted for various insurers, the VMIA, and directly for religious institutions in relation to historical child abuse claims, developing an ability to achieve good outcomes for clients, whilst maintaining sensitivity and compassion towards abuse victims.

Experience

  • Acting on behalf of a medical treatment provider in a correctional facility in proceedings in which it is alleged that the inmate lost the opportunity of a better outcome from testicular cancer which rendered him infertile, due to a failure to diagnose the condition.
  • Appearing against counsel at mediations, conferences and interlocutory hearings in all manner of claims including those involving catastrophic injuries, nervous shock, dependency claims, and pure psychiatric injuries.
  • Defending a multi-million dollar claim for damages by a man rendered quadriplegic after falling down terracing at a caravan park.
  • Defending proceedings and providing advice in relation to whether various medical conditions suffered by claimants satisfy the definition Total and Permanent Disablement for the purpose of income protection policies.
  • Acting for a private school and governing body in bullying claims and successfully negotiating resolutions prior to litigation.
  • Providing probono advice regarding Visa options at a Refugee Legal Clinic.

Professional Membership

  • Law Institute of Victoria

Latest thinking

Insurance | 24 May 2023

To be determined: County Court considers effect of inconsistent Medical Panel determinations in respect of the same injury

In this article, we examine the Court’s decision in Rosata v City of Melbourne and Citywide Service Solutions Pty Ltd [2023] VCC 630 and its implications.