Katherine Toshack Katherine Toshack

Katherine Toshack

Principal Insurance | Sydney
(02) 8262 2715 ktoshack@mcwnsw.com.au Download vCard

Katherine is an expert in Insurance Litigation with a special interest in Compulsory Third Party claims.  As an expert in insurance claims, Katherine is highly regarded for her effective settlement strategies and practical file management.  
She enjoys mentoring the management and development of professional staff.
Katherine has over 20 years’ experience representing and advising insurers in personal injury claims, particularly leading companies, Allianz and QBE Insurance. 
Katherine regularly provides in-house advice to insurers with a focus on complex claims including fraud. 
Katherine was a finalist in the 2016 Lawyers Weekly Partner of the Year - Insurance Category. 

 

Katherine offers a high level of competent advice in complex matters to enable quick resolution of disputes

Katherine's Qualifications

  • Diploma of Law, Legal Profession Admission Board, University of Sydney
  • Solicitor of the Supreme Court of NSW
  • Solicitor of the High Court of Australia

Katherine's Expertise

  • Complex Compulsory Third Party claims
  • Fraudulent claims
  • Workers’ compensation recovery actions
  • Dual insurance
  • Nominal defendant claims

Katherine's Leadership

  • Member, Association for Women in Insurance
  • Member, Australian Insurance Law Association
  • Member, The Law Society of New South Wales

Katherine's Recent Experience

Area of Expertise

Area of Expertise

Litigation

Work Undertaken

Acted for a defendant CTP insurer in concurrent CTP and s151Z recovery proceedings, from pre-litigation investigations to District Court hearing.  Both cases resulted in judgment for the defendant, which was recently upheld by the Court of Appeal.

Area of Expertise

Area of Expertise

Litigation and Alternate Dispute Resolution

Work Undertaken

Acted for a defendant CTP insurer on behalf of the Nominal Defendant,  involving multiple parties, including representation of the insurer at mediation.  Matter resulted in judgment for the plaintiff, with apportionment between two insurers. This was successfully overturned by the Court of Appeal. 

Area of Expertise

Area of Expertise

Claims Assessment and Resolution Service

Work Undertaken

Acted for a CTP insurer in a complex matter involving legal incapacity of a claimant which was determined by the Principal Claims Assessor.

Area of Expertise

Area of Expertise

Claims Assessment and Resolution Service

Work Undertaken

Acted for a CTP insurer in a complex matter, where the CARS award was successfully challenged in the Supreme Court. The claim was referred for further determination, which resulted in an award $400,000 less than the original award. 

Katherine's recent publications

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  1. NSW Court of Appeal says nay to horse bucking being a motor vehicle accident

    02 Jun 2017

    Fairall v Hobbs [2017] NSWCA 82 Background Facts On 24 September 2011, Anthony Hobbs was riding his horse adjacent to a road. Ms Fairall was driving on the opposite side of the road, travelling towards the respondent, when the horse bucked, throwing the...

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  2. Huebner v Nominal Defendant [2015] NSWCA 333

    14 Jul 2015

    Summary On 18 February 2011 the driver of an unidentified white station wagon, whilst talking on a mobile phone, changed lanes without indicating ahead of the plaintiff who was riding a motor scooter in the same direction on King Street at Newtown. The...

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