Motor vehicle claims

Our motor vehicle insurance team manages a large portfolio of claims for a number of prominent Australian insurers. We prosecute and defend subrogated motor vehicle recovery claims of all sizes in a number of jurisdictions, predominantly Queensland and New South Wales.

Our team provides motor vehicle insurers with practical advice in relation to the prompt and cost-effective resolution of these types of matters.

We advise insurers in relation to property damage claims brought against their insured heavy vehicles. This includes damage to other vehicles, infrastructure or property caused by accidents, loss of cargo and mechanical failure.

Our team specialises in the pursuit and defence of loss of use, demurrage and consequential loss claims for insurers.

Some recent matters we have been involved in include:

• Pursing a subrogated recovery action for a cargo insurer after a container fell off a truck causing property damage to the cargo and surrounding area

• Acting for the insurer of a heavy vehicle damaged by fire in recovery proceedings brought against a negligent repairer

• Bringing a claim against a mechanic after a heavy vehicle crashed and damaged commercial premises after losing control when braking

• Acting for heavy vehicle insurer involved in a front end collision that wrote off a semi-trailer

• Defending a claim brought against driver involved in a multiple car collision in an area subject to road works

• Acting for the insurer of a heavy vehicle pursuing recovery after it was written-off by a lessee’s contract driver

• Pursuing recovery from the manufacturer of a truck part which ignited causing property damage to the heavy vehicle and its cargo

• Advising the insurer of a heavy vehicle which caused property damage and business interruption to commercial premises after a roll-over accident

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Providing family law services to Australians overseas

With more and more Australians living and working overseas it is inevitable that the services of a family lawyer in Australia may become necessary. I have identified and responded to this need by creating the Australian Family Law website. The site has been designed and launched as a vehicle to provide information on the types of issues that are of particular interest to Australians abroad.

To avoid the need for a paper file, a secure on-line access facility provides an electronic file which can be reviewed at any time and from any location that has internet access.

Please check out the new site. I invite you to blog your comments or ideas about information that you would like to see included.

http://www.australianfamilylaw.com.au/

Some more useful links:

Barry & Nilsson on Eons
Barry Nilsson on Vox
Barry & Nilsson Lawyers on Digg

Public and products liability

The Barry & Nilsson Insurance team acts for more than half of the top 10 Australian general insurers as well as a range of specialist insurers, brokers, underwriters and self-insured corporations. We handle hundreds of new claims each year, covering the full range of property damage, personal injury and coverage/indemnity issues.

While the national tort reforms introduced over the last few years have reduced the total number of litigated claims, the types of claims we handle continue to cover a wide spectrum of issues. This is because there has been little change in the major areas of breach of duty, causation and liability generally. In many instances, the claims have become more complex, reflecting changes in Australian society and the business environment.

A significant proportion of our workload involves multiple parties, host employers, catastrophic injuries, product failure, natural disaster property damage, dangerous recreational activities, intoxication, nuisance claims, and occupiers’ liability. The construction "boom" in Queensland has increased our focus on workplace/construction type claims.

We resolve the majority of matters through the use of negotiation and formal and informal settlement forums. Our use of technology enables us to handle a large volume of work consistently, pro-actively and cost-effectively. We strive to add real value to our clients' businesses.

Some recent matters we have been involved in include:

Public liability

• Advising an insurer in relation to a claim by a minor who was catastrophically injured following a motorcycle incident on rural property

• Securing judgment for our local authority client in a matter involving a quadriplegic injured in a single vehicle incident on a State controlled road within our client's jurisdiction. Click here to read more

• Defending multimillion dollar property damage claims following a smelter shutdown and flood damage allegedly due to an insured's construction work

• Acting for an occupier in relation to a significant claim made following a relatively minor injury where treatment resulted in serious medical complications

• Acting for insurer with respect to mining-related property damage and nuisance claims involving issues of proportionate liability

• Representing a hotel where a patron had been assaulted by another patron in its car park. The claim was dismissed at first instance and on appeal. Click here to read more

• Successfully appealing a Supreme Court application for detailed disclosure from the defendant. The appeal set the parameters for respondents' disclosure under section 27 of the Personal Injuries Proceedings Act. Click here to read more

Products liability

• Advising an insurer in relation to a claim in excess of $15million made by a Japanese company relating to losses sustained as a result of the supply to it of contaminated wood chip

• Settling a claim (made by a distributor of solar pool fencing which had structural deficiencies) before trial for a sum well below reserve. The initial claim was for $12million

• Acting for an insurer of an out-of-date treatment which allegedly resulted in the death of cattle. The claim failed on causation due to the dosage timing

• Acting for a manufacturer of alleged faulty glassware following a partial amputation injury to the plaintiff's dominant hand

• Acting for the insurer of a rock supplier after a tainted batch allegedly resulted in damage to hundreds of newly constructed driveways

• Advising an insurer of a "high health herd piggery" who had supplied contaminated pigs resulting in a disease outbreak and focussing on the mitigation issues for the numerous claims that arose

To find out more, please contact Barry & Nilsson Lawyers

Courts to Merge

New post by Don Leembruggen, category: Family Law

The Semple review recommends the merger of the Family Court of Australia and the Federal Magistrates Court. Apparently, this is not as simple as it sounds (see Australian article).

I can’t help thinking, regardless of all that, that all we the profession, and our clients the litigants, want are consistent cogently communicated decisions from judicial officers. Regrettably, I can’t say this is being achieved nearly as much as it should be.

Thanks and Regards,

Barry & Nilsson Lawyers