Todd Waugh

Senior Associate

Qualifications: LLB


Todd is an insurance and litigation lawyer focussing on property damage liability claims, policy coverage advice, professional negligence claims, construction disputes and responding to cyber incidents.

Todd is skilled at identifying technical issues and providing clear, pragmatic advice which cuts to the real issues. Todd’s strategic nous and creative problem solving ability consistently leads to positive outcomes for his clients.

Todd has a track record of success, particularly bringing and defending claims in negligence, breach of contract and the Australian Consumer Law.

Clients highly regard Todd for his capacity to understand their needs and convey his expertise in a very approachable style.


Public and products liability

  • Bringing subrogated recovery actions against suppliers and manufacturers of goods in claims under the Australian Consumer Law and negligence.
  • Advising insurers and insureds on the recovery prospects arising from large fire and water damage claims.
  • Succesful recovery actions under commercial lease agreements, contracts for the supply of services, and breaches of the PPSR.

Policy coverage

  • Advising on a multi-million dollar claim for fire damage and remedies arising from misrepresentations and non-disclosures under section 28(3) of the Insurance Contracts Act 1984.
  • Advising on a $700,000 claim by a winery on on its industrial special risks policy which considered the application of certain exclusions, including whether grapes on the vine constitute ‘growing crops’ or formed part of the business ‘stock’.
  • Providing more than 50 coverages advice to insurers in relation to claims on home and contents policies.

Professional negligence

  • Providing coverage advice and acting as defence counsel for a range of professionals including accountants, insurance brokers, developers, real estate agents and underground asset locators.


  • Acting for a construction company in a long running arbitration against the principal regarding the cause of and liability for subsurface moisture on site. The action was succesful and resulted in a significant award for delay damages and legal costs.
  • Acting for private clients and developers in relation to claims under the Home Building Act 1989 and Design and Building Practitioners Act 2020.
  • Advising local council on cladding issues replacement costs in a situation where it was the developer and part owner of a mixed use stratum building.
  • Bringing proceedings in the NSW Supreme Court seeking relief under the Building and Construction Industry Security of Payment Act 1999 (NSW).


  • Providing coverage advice to cyber insurers.
  • Providing privacy advice to corporates in respect of actual or suspected data breaches, drafting notifications to the OAIC and affected individuals.
  • Defending or bringing claims arising from cyber incidents.

Professional Membership

  • Member, NSW Claims Discussion Group (Insurance)