Tina Tomaszewski

Partner

Tina has recently joined Finlaysons in the Insurance Team after working for the last 25 years at South Australia’s Crown Solicitor’s Office.
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Background

Tina is highly experienced in civil litigation in a diverse range of practice areas including medical malpractice, defamation, inquests, general civil litigation and industrial / workers’ compensation.

Tina is particularly experienced in facilitating and providing high quality advice and representation in civil or commercial liability matters that are complex and sensitive with whole of government implications.

While at the Crown Solicitor’s Office, Tina led and managed all aspects of civil litigation cases, including developing litigation and settlement strategies.

Tina has extensive experience of working on large, complex inquiries, investigations, civil litigation, trials and appeals.

She has been the instructing solicitor in a wide variety of matters involving medical malpractice, commercial litigation and asbestos claim, predominantly in the District and Supreme Courts, and the Coroner’s Court.

She has also managed third party recovery claims, particularly in the asbestos jurisdiction. Tina developed an initiative to undertake a review of third party recovery actions that identified key issues and included running a test case. The test case resulted in a substantial recovery for the State of S.A and established an important precedent in this area (Geyer v State of South Australia and BI Industries Pty Ltd).  This case became a precedent for future cases.

Tina has managed and acted in the most complex medical malpractice claims brought in the State, with quantum often in the millions of dollars.

Tina has been the instructing solicitor on some of the State’s most complex and sensitive Coronial Inquests.

Tina has also managed a team of 10 – 15 solicitors handling all Non Party Disclosure Applications and Subpoenas and third party recovery actions pursued by the State of SA.

She is very client-focussed and maintains strong relationships and communication with her clients including various S.A. Government agencies including SAICORP (SAFA), SA Health, SAPOL and other government agencies.

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Experience

Tina’s ability to provide highly complex legal advice and strategic representation, instruct senior counsel, prepare outstanding oral and written communications, and lead a litigation team are all evidenced in her experience, which includes the following major matters.

Inquiries and Investigations

  • Inquiry into the Motorola Government Contract;
  • Assisted Mr Brad Selway, Solicitor General in the Tissue Retention Inquiry and the litigation following the tissue retention hotline and Strontium 90 media release;
  • Assisted in the Investigation of Allegations of Improper Handling of Body Parts.

Tina has also individually managed complex inquiries and investigations, including the following:

  • Prostate Cancer Diagnosis at the Royal Adelaide Hospital;
  • Embryo Losses at Flinders Fertility.

Trials

  • Homestead Homes v State of SA;
  • Derrick Sands v State of South Australia.

Third Party Recovery Claims

A recent example of how Tina’s skills and effectiveness as a litigator is demonstrated by the strategic advice she provided SAICORP in respect of the third party recovery actions pursued by the State.

Tina identified a strategy which would provide a better commercial outcome to the State.

In implementing this strategy, she successfully ran a test case (Geyer v State of SA and Bradford Insulation Pty Ltd) and obtained a judgment to use as a precedent in negotiating future cases. The precedent allowed her to streamline the manner in which recovery actions are pursued.

Tina has implemented this approach in the preparation of pleadings and other material to ensure that these claims can be managed as efficiently and cost effectively as possible.

The benefits of this strategy include a substantial saving of legal costs and shortening of time to resolve cases.

Coronial Inquests

The Inquests referred to below highlight Tina’s understanding and knowledge of the obligations of the Crown as a model litigant and are excellent examples of her ability to identify existing and potential legal issues which may be of significance to Government and its agencies.

  • Inquest into the death of Mr Rollbusch (a patient at the Oakden Aged Care facility);
  • The’Marksman’ Inquest;
  • Inquest into the death of Mellanie Paltridge and instructed in the Full Court Appeal of the Deputy Coroner’s decision.  The State of SA was successful and the Full Court quashed the Deputy Coroner’s Order.

General Civil Litigation

Tina also has experience in a broad range of general litigation including workers’ compensation, commercial litigation, Guardianship Board matters and a variety of case for the Public Trustee.

 

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Tina's Expertise

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