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Insurance

We have longstanding relationships with many of our clients, an intricate knowledge of our clients’ business, their area of insurance risk, and their needs

The Finlaysons Insurance team is a recognised leader in the provision of legal service to the insurance sector and a major provider of legal services in Compulsory Third Party (CTP) insurance. We act for national clients, both in the public and private sector.

How we can help

We manage matters in a wide range of jurisdictions including Magistrates, District and Supreme Courts, Federal Court, Coroners Court, SA Workers Compensation Tribunal and Professional Disciplinary Tribunals.

We are a first tier law firm relating to CTP Insurance and are widely regarded as market leaders in providing information and advice to the insurance industry. Members of our team hold leadership positions and membership in a range of key industry bodies, such as:

  • Australian Insurance Law Association (AILA)
  • Australian Professional Indemnity Group (APIG)
  • Australian and New Zealand Institute of Insurance and Finance (ANZIIF)
  • Committee Member and regular presenter at the Crash CTP Seminar
  • Accident Compensation Committee of the Law Society of South Australia

Our in-house counsel often appear in court and conduct trials and Inquests, without the need to brief outside the Firm. This is a very cost-effective way of engaging counsel and also allows for flexibility and efficiency when obtaining specialist counsel opinions and advice on evidence.

Our team includes market-leaders across a variety of practice areas to ensure the appropriate knowledge and skills are applied to the successful resolution of claims.

Key services

  • Major motor accident claims (CTP)
  • Professional indemnity risk
  • Medical negligence
  • Dust Disease litigation
  • Public liability
  • Health risk management
  • Asbestos exposure
  • Catastrophic injury and infant claims
  • Fraud claims and prosecutions
  • Insurance contract and indemnity disputes
  • Coronial inquiries
  • General insurance
  • Secondments as needed – we have provided solicitors to assist in-house with clients at times of need

Experience

    • We have been acting for South Australia’s CTP insurers and claims managers for over 3 decades
    • We have a team of highly experienced individuals recognised as experts in CTP, advising and managing claims arising from accidents which occurred both prior to, and subsequent to June 2013, when wide ranging changes were made to the  legislative and regulatory framework, which opened up the Scheme to new CTP insurers in South Australia
    • We have managed over 1000 claims since the introduction of the Scheme changes in 2013
    • Finlaysons has obtained many successful outcomes in CTP matters involving allegations of fraudulent conduct and claims farming. On many occasions the claims have been discontinued and resulted in the claimant bearing a significant cost penalty
    • We have expertise in defending claims where extensions of time are sought, with several practitioners skilled in this area
    • We advise on care issues in the case of catastrophic injury claims and have wide experience in navigating through the public and private care sector setting
    • We have expertise in the area of costs, and regularly conduct educational sessions on cost entitlements and cost penalties in all jurisdictions
    • Mental harm and dependency claims – Partner Luke Gray has specific expertise in the area of mental harm/nervous shock claims having acted in a matter which created a relevant high court authority
    • We have extensive experience representing insurers in all relevant jurisdictions in relation to all manner of professional indemnity claims including, but not limited to and in addition to, other information contained herein, engineers, real estate agents, builders, and legal professionals
    • In the financial area, our partners and senior practitioners have experience in advising accounting firms, financial advisers, mortgage brokers and actuaries in relation to indemnity, contractual liability and claims. Our experience includes the defence of legal proceedings in all jurisdictions and representations to the Financial Ombudsman Service
    • We advise on Directors and Officers Insurance for large employers, both within and outside South Australia and issues relating to privacy
    • We have experience in the defence of liability claims arising out of industrial accidents, including industrial hazards
    • Finlaysons has expertise in relation to indemnity and contractual liabilities and we have acted for large national construction and engineering companies and their insurers. We have advised one of the world’s largest tyre manufacturers in respect of claims under the Australian Consumer Law (ACL) for property damage arising out of heavy vehicle accidents consequent upon tyre failure and managed a claim under the ACL following death and injury connected with the use of a scissor lift and allegations of design defects
    • Our partners, special counsel and senior practitioners have wide experiencing negotiating liability insurance and indemnity clauses in client contracts for construction, property development, labour hire, leasing, and the supply and purchase of goods and services
    • Guy Biddle and other partners have extensive experience in the area of public liability risk, in particular managing claims for a large supermarket chain and on behalf of the South Australian Government
    • We advise on risk management and regularly present on legislative changes in relation to liability risk and consumer law

    Special counsel, Fiona Holdsworth, has many years’ experience in the defence of dust disease claims and litigation acting for a variety of South Australian employers and insurers and defending actions in the South Australian Dust Disease Tribunal

    • In the area of medical defence, we act for a wide variety of hospitals and their insurers, both within South Australia and nationally, and insurers of medical practitioners and allied health professionals. We advise on the defence of claims, accreditation and regulatory issues and represent individuals and hospitals in relation to compliance issues governed by the Health Practitioners
    • Our expertise extends to providing advice and representing the South Australian Government’s interests in Inquiries and Commissions, in addition to acting on their behalf to represent their interests at Coroners inquests
    • Finlaysons acts for both self-insured employers and Government employers in this area, and partner, Guy Biddle, together with other senior practitioners, have extensive experience in advising and defending claims for individual employers and South Australian Government employers
    • We advise on a wide range of workers compensation issues, from the employers perspective, including contested claims and appeals, and advisory work
    • Represented a renewable energy company in relation to a determination as to which State worker’s compensation legislation applied to a Western Australian worker
    • Representing employers, both government and non-government, in the South Australian Employment Tribunal, formerly the South Australian Workers Compensation Tribunal
    • We successfully represented an employer in relation to a claim for workplace injury allegedly arising during the course of employment on the APY Lands. The illness was determined not to have arisen out of, or in the course of the worker’s employment
    • Advising on recovery claims where responsibility for an injured worker’s claim can be attributed to the negligence of a third-party wrongdoer

Our Insurance Experts

Practice Head
kathy lincoln
Kathryn Lincoln

Partner

Practice Head
mark wood lawyer
Mark Wood

Partner

guy biddle
Guy Biddle

Partner

Luke Gray
Luke Gray

Partner

alexandra cobiac insurance lawyer
Alexandra Cobiac

Partner

Chris Sweet Finlaysons Lawyers
Chris Sweet

Partner

david rostron lawyer
David Rostron

Special Counsel

fiona holdsworth
Fiona Holdsworth

Special Counsel

john ward lawyer
John Ward

Special Counsel

Ralph Bonig litigation lawyer
Ralph Bönig

Special Counsel

Libby Edwards insurance lawyer
Libby Edwards

Senior Associate

Tina Tsiboukis

Senior Associate

Lauren McHugh

Senior Associate

Zoe Forrester insurance lawyer
Zoe Forrester

Senior Associate

Emily Hunt, Finlaysons Lawyers
Emily Hunt

Associate

Jessie Murphy-Allen, Finlaysons Lawyers
Jessie Murphy-Allen

Associate

Emma Schultz Boylen, Finlaysons Lawyer
Emma Schultz-Boylen

Associate