Scott Falvey

Scott Falvey

Principal Insurance | Sunshine Coast
07 5352 9819 sfalvey@mcw.com.au Download vCard

Scott is an experienced insurance litigation lawyer. His areas of expertise include insurance litigation across all statutory regimes with a special interest in workers’ compensation and employer liability claims. Scott represents and advises employers, insurers and regulators on workers’ compensation entitlement, reviews and appeals.

Scott also investigates and prosecutes fraudulent claims and related offences.

Scott has an extensive background advising and representing employers in relation to workplace health and safety issues including compliance, breach and prosecution.

Scott previously authored the Queensland Workers Compensation Law Manual (with the late Greg Senior and Gerry Mullins). The Law Book Company published this service.

Listed in The Best Lawyers in Australia 2020 for Insurance Law

Scott's Qualifications

  • Bachelor of Laws, Bond University
  • Master of Health and Medical Law, University of Melbourne
  • Mediating Disputes, Harvard University

Scott's Expertise

  • Employer liability - workers’ compensation
  • Employer liability - common law damages
  • Workplace health and safety
  • Tort law
  • Criminal law

Scott's Leadership

  • Past Councillor, Queensland Law Society
  • Member, Australian Insurance Law Association
  • Member, External Advisory Board, Law School, University of the Sunshine Coast
  • Member, Human Research and Ethics Committee Member, University of The Sunshine Coast
  • Member, Queensland Law Society

Scott's Recent Experience

Area of Expertise

Area of Expertise

WorkCover

Work Undertaken

Over the 20 years Scott has provided advices to WorkCover, he has been exposed to a range of industry areas and work environments and systems that cause injury. Scott has defended insured employers and WorkCover in relation to claims arising out of the mining industry, health sector, hospitality, services and the rural sector.

Area of Expertise

Area of Expertise

Workers compensation and employer liability

Work Undertaken

In 2012, Scott was appointed to advise and represent QR National (which then became Aurizon), a self insurer under the WCRA, in the defence of employer liability claims for damages at common law. Scott continues to act in this capacity. He has also appointed in relation to the review and appeal of statutory decisions made by the Regulator. He continues to act in this capacity.

Area of Expertise

Area of Expertise

Workers compensation and employer liability

Work Undertaken

In 2007, Scott was appointed to advise and represent Woolworths, a self insurer under the WCRA, in relation to the review and appeal of statutory decisions made by the Regulator. He continues to act in this capacity.

Area of Expertise

Area of Expertise

Personal injury

Work Undertaken

Scott secured a judgment for WorkCover and its insured employer in Downes v Affinity Health Pty Ltd [2015] QDC 197 (09/D305) for personal injury. A nurse alleged that her employer negligently caused her injuries when she ran to “hug” an elderly patient as she feared the patient might sustain a fall. The Court found that there was no liability on the part of the employer that caused the injuries that were claimed.

Area of Expertise

Area of Expertise

Workers compensation

Work Undertaken

In 2015, Scott successfully defended an appeal for a self insurer under the WCRA. In Campbell v Australian Leisure Hospitality Group Pty Ltd and Anor [2015] ICQ 016 the husband (the appellant) of a deceased worker appealed against a decision of the Regulator to uphold a decision by Woolworths that there was no entitlement to compensation in circumstances where the deceased worker died after diving into the Noosa River while attending a work Christmas party.

Scott's recent publications

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  1. CAR PARK ATTACK! EMPLOYER NOT LIABLE!!

    09 Aug 2018

    Car Park attack! Employer not liable!! On the night of 1 February 2013, a female worker was approached in the car park of her work and threatened by a man with a sharp object who tried to abduct her by dragging her into his car. She escaped. She suffered...

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  2. Delving beyond the medical evidence – medical records helpful, but not always final

    04 Apr 2018

    Delving beyond the medical evidence – medical records helpful, but not always final Souz v CC Pty Ltd [2018] QSC 36 On 9 March 2018, Mr Souz was awarded $1,125,949.04 in damages in a workplace injury claim. Mr Souz was an expert in conveyer belts,...

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  3. Work Health and Safety and Other Legislation Amendment Bill

    25 Aug 2017

    On 22 August 2017 the Minister for Employment and Industrial Relations, Minister for Racing and Minister for Multicultural Affairs, Hon. Grace Grace MP, introduced the Work Health and Safety and Other Legislation Amendment Bill 2017 into the Queensland...

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