Damian Clarke Damian Clarke

Damian Clarke

Principal Insurance/Self-Insurance | Melbourne
03 9613 0905 dclarke@mcw.com.au Download vCard

Damian, Accredited Personal Injury Specialist, is based in our Melbourne office. With over 37 years experience acting for private and corporate clients, Damian heads the McInnes Wilson Lawyers Melbourne Insurance team. 

Damian acts for fourteen licensees under the Safety, Rehabilitation and Compensation Act covering employee claims for rehabilitation and compensation. This encompasses statutory benefit issues, employee damages claims, recovery actions against third parties, advice on compensation and rehabilitation management, litigation in AAT and Federal Court. 

Damian has vast experience in: dispute resolution including litigation, mediation and conciliation; acting for individuals, SMEs, large corporations (including publicly listed), co-operatives and industry peak bodies; civil, criminal, commercial, administrative and constitutional law giving an understanding of legal issues which may arise in matters; negotiating legislation and regulation with Government giving insight into the political processes relevant to many clients and strategising resolution of matters, including alternative approaches, to achieve optimum legal, economical and acceptable outcomes for clients.

Damian is known for his client centric focus

Damian's Qualifications

  • Bachelor of Economics, Monash University
  • Bachelor of Laws, Monash University
  • Accredited Personal Injury Specialist, Law Institute of Victoria

Damian's Expertise

  • Commonwealth workers’ compensation 
  • Public and property liability (insurance and self insurance)
  • Administrative law including merits review
  • Fisheries including licensing, transfers and prosecution defence
     

Damian's Leadership

  • Member, Law Institute Victoria
  • Member, Law Council of Australia
  • Author Lawyers Practice Manual (Commonwealth workers’ compensation chapter)

Damian's Recent Experience

Area of Expertise

Area of Expertise

Commonwealth workers compensation

Work Undertaken

Successful defence in the AAT of denial of a claim. Despite workers claim of an incident happening causing injury, utilisation of expert evidence and detailed factual investigation led the Tribunal to find no injury was sustained : see K&S Freighters ats Horvath.

Area of Expertise

Area of Expertise

Employment

Work Undertaken

Successful resolution through pro-active negotiation of multiple disputes between and employer and an employee with allegations involving Fair Work, Privacy, Human Rights, workers’ compensation and the employment relationship per se. This against a  backdrop of an employee with significant psychological issues necessitating police involvement due to employee threats of violence against employer personnel and property.

Area of Expertise

Area of Expertise

Fisheries

Work Undertaken

Successful defence in a fisheries prosecution against a licence owner who was being prosecuted for the sins of the operator (including being awarded defence costs).

Area of Expertise

Area of Expertise

Commercial

Work Undertaken

Conversion of a fishing industry based co-operative into a public company with a  multitude of issues raised including tax implications (CGT and GST) not just for the entity but also members as well as licence implications (including AQIS). Its also involved preliminary work with the Board and members as to why conversion should occur i.e. long term strategy of operations, advantages and disadvantages of change, impacts on trade relationships domestically and internationally, protection of the primary industry members particularly retention of control etc.

Area of Expertise

Area of Expertise

Public Liability

Work Undertaken

Successful recovery of substantial property damage to rolling stock after a train derailment.