Background

Andrew is a highly experienced litigator with a wealth of experience in complex commercial, personal injury, insurance and professional indemnity litigation. He has about 25 years’ of litigation experience conducting matters for both Plaintiffs and Defendants in the Magistrates Court, District Court and Supreme Court of Western Australia, as well as in the Federal Court and High Court of Australia. During that time, he has had the full conduct of up to 150 files per annum ranging from modest ‘commercial value’ claims up to multi-million dollar claims involving complex legal/technical issues and multiple parties. In particular, he has the conduct of large and complex asbestos cases on behalf of a Local Government entity.

Andrew excels at technical points of law and also provides clients with the benefit of his carefully honed negotiation skills at Mediations, Pre-Trial Conferences and Informal Conferences. Andrew possesses the extensive experience and tactical skills required to successfully negotiate difficult issues (such as liability apportionment issues) which are usually vigorously contested between Defendants and/or Third Parties.

He has also had the conduct of a significant number of trials in the District Court and appeals in the Supreme Court. Andrew has had an approximately 80% success rate at trial.

"It’s a really good feeling, in court, when you achieve a good result and you convey that win to your client. You see the impact when you get to tell your client."

A remarkable highlight of Andrew’s experience is his role in the well-known Dossett v. TKJ Nominees Pty Ltd decision. He had the full conduct of this case, which went on appeal to the High Court of Australia. As instructing solicitor, Andrew ultimately won the appeal, with the full five judge Bench ruling unanimously in favour of the appellant. As a direct consequence, the State Government amended aspects of the law in Western Australia.

Andrew provides Local Government clients with advice and legal representation in native title claims, Local Government Act matters and construction contract issues, particularly with respect to defective dwellings and unauthorised structures/planning approval disputes. In addition, Andrew has successfully represented Local Government clients in the State Administrative Tribunal in a variety of matters, including the obtaining of legal cost orders in favour of the Council or Shire.

Andrew also appears regularly at WorkCover WA representing State Government Department employers and their insurer, RiskCover, in relation to workers compensation disputes.

Andrew joined the Civic Legal team in 2007 and is now one of its key practitioners with a loyal client base.

Experience

Insurance Law

  • Personal injury, insurance and professional indemnity litigation

Local Government Law

  • Provides statutory interpretation of the Local Government Act 1995 and other Local Government Regulations

Construction Contract Issues

  • Particularly with respect to defective dwellings and unauthorised structures
  • High level of expertise on complex asbestos cases and other industrial disease related litigation

Litigation

  • Appears in the Magistrates Court of WA, the District Court, the Supreme Court, the Federal Court, the State Administrative Tribunal

Contracts

  • Drafts and advises on a range of contracts

Tenders

  • Drafts and advises on tendering matters

Governance

  • Provides Governance advice and training
  • Undertakes inquiries under the Corruption and Crime Commission Act

Dog Act Prosecutions

Rates Recovery and Enforcement actions

Administrative Law and other public law issues

Industry Associations

Current

  • Member, Australian Insurance Lawyers Association (AILA)

Former

  • Founding Member, Australian Plaintiff Lawyers Association Western Australia branch (APLA), now known as the Australian Lawyers Alliance

Qualifications

Bachelor of Arts - University of the Witwatersrand (1985)

Bachelor of Laws- University of the Witwatersrand (1988)

Barristers’ Board Top-up/Bridging Course – University of Western Australia (1991)

Admission

Supreme Court of Western Australia (1993)

High Court of Australia (2003)

Practice Areas

Local Government

Dispute Resolution

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