Tom is a commercially-minded lawyer known for his reliability to his clients and thorough analysis of his clients' legal issues.
Tom is a Senior Associate in the firm’s Commercial team, experienced in professional indemnity matters, claims made against directors and officers and employment practices liability claims. He has acted for a range of domestic and international insurers and, in addition to his Australian experience, has practiced in the London market for two years. Tom is focused on delivering clear advice to his clients and achieving commercially sensible outcomes.
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Client Solutions
Insurer
insurance
Client problem
Tom's client declined cover for a substantial claim made under a special risks policy. The insured commenced proceedings in the Federal Court in respect of its claim (and the insurer's declinature). The claim was complicated by the nature of the claimed losses and the long period of time over which they occurred, as well as the limited evidence available from the time when the insured losses were alleged to have occurred.
outcome achieved
Tom's robust defence and commissioning of the best expert and lay evidence possible (noting the limitations resulting from a lack of contemporaneous evidence) saw him successfully manage the insured's expectations and achieve a commercial settlement shortly before the substantial costs of trial were incurred.
London-Based Managing General Agent
professional indemnity
Client problem
Tom's client, an insured solicitor, made a bulk notification of some 80 potential claims arising from similar trust and will documents drafted by a former solicitor of the insured.
outcome achieved
Tom adopted a methodological approach to categorising each file that was notified, including assessing the potential for an actual claim to arise and the Insurers' likely exposure in each claim. He prioritised resources for the most high-risk notifications first and adopted more passive and cost-effective mitigation efforts on the files less likely to amount to a claim. Tom resolved most claims early and for modest sums with a consistent and cost-effective approach to bring the larger and more complex claims to resolution.
Insurer
employment
Client problem
Tom's client faced a high volume of employment practices liability claims, ranging from claims made in the Fair Work Commission, the Anti-Discrimination Commission and the Australian Human Rights Commission.
outcome achieved
By taking a proportionate and pragmatic approach to these claims, including appearing at the relevant tribunals without the aid of counsel, Tom was able to resolve many of these claims prior to them becoming litigated. This prevented the insurers from being liable to pay defence costs that were disproportionate to the claims and avoid reputational damage for the insured.
