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Insurance

Cooper Grace Ward has a leading Queensland insurance practice. Our team of defendant insurance lawyers have been integral legal providers to the Australian insurance industry for over 30 years.

Through our experience acting for major insurance companies, leading self-insured clients, government bodies and statutory authorities, our team has developed the diverse skills to cover all aspects of insurance advice and claims management.

Our team works together collaboratively to enable us to provide the best outcomes for our clients, every time.

Market leading defendant insurance lawyers

For many years running, the team has achieved independent recognition in both Doyle’s Guide and Best Lawyers Australia. This includes rankings for partners Tony Park and Brady Cockburn as leading defendant insurance lawyers in Queensland. It also includes rankings as a first tier Workers Compensation & WorkCover Law firm by Doyle’s Guide. First tier is the highest category achievable and is based on feedback from both client and industry peers. The rankings highlight leading firms acting on behalf of insurers and self-insured entities and practising within the areas of workplace injury, accident and WorkCover matters in the Queensland legal market.

 

Our insurance team offers extensive experience and expertise in motor vehicle law and Compulsory Third Party (CTP) matters. We act on behalf of a number of motor vehicle and CTP insurers.

Our team’s expertise includes:

  • litigation involving complex questions of liability, quantum and indemnity, including those claims involving unidentified vehicles
  • defending claims involving fraud
  • common law claims management, as our core business, including advocacy in the ADR process
  • recovery actions for both personal injury and property damage
  • demurrage claims for loss of the use of a vehicle or equipment.

Cooper Grace Ward has over 30 years’ experience in advising and representing WorkCover Queensland and major self-insured workers’ compensation clients.

Partners Tony Park and Brady Cockburn lead a team of 20+ professionals whose work is completely dedicated to the management of workers’ compensation claims and related advice. The team is experienced in resolving claims across a wide range of industries including retail, tourism, mining, transport, health, community safety and local government. The team has a special interest in the resolution of pure psychological injury claims.

Cooper Grace Ward has leading expertise in the provision of the following services:

  • entitlement to damages issues, including investigation of, and preparation of Reasons for Decision in pure psychological injury claims
  • preparation of submissions to the Regulator, in applications for review
  • QIRC appeals, Industrial Magistrates’ Court appeals and Industrial Court appeals
  • identifying claims involving fraud, including all aspects of investigation of these claims
  • multiple party (PIPA) claims involving the various personal injuries schemes, including contractual indemnity issues
  • common law claims management, as our core business
  • advocacy in settlement conferences/mediations
  • litigated claims, including appeals to the Queensland Court of Appeal and the High Court of Australia.

 

Cooper Grace Ward has a large team of insurance specialists whose work is significantly focused in the area of self-insurance. We act for several large self-insured clients in the retail, aged care and local government industries and have further self-insurance experience in the areas of health, banking and manufacturing.

Our team routinely advises and represents self-insured clients in relation to the workers’ compensation areas of:

  • entitlement issues, including investigation of, and preparation of Reasons for Decision in pure psychological injury claims
  • preparation of submissions to the Regulator, in applications for review
  • QIRC, Industrial Magistrate Court and Industrial Court appeals
  • claims involving fraud, multiple party (PIPA) claims, and contractual indemnity issues
  • common law claims management, as our core business, including advocacy in the ADR process
  • litigated claims, including Queensland Court of Appeal and High Court appeals.

Cooper Grace Ward also has a wealth of expertise in public liability claims, including public liability claims for a major self-insurer, and for a leading Queensland insurer.

Our life and disability insurance group provides litigation and advice services to a large number of life insurers and superannuation trustees relating to life, trauma, income protection and total and permanent disability products.

We have extensive knowledge and understanding of claims, underwriting and product issues and developments within the industry.

Our expertise includes:

  • fraudulent claims
  • fraudulent and non-fraudulent misrepresentation and non-disclosure
  • disputes relating to assessment of disability and disability income
  • policy interpretation
  • advice on claims management
  • regulatory issues
  • adviser disputes
  • appeals from the Superannuation Complaints Tribunal to the Federal Court.

We currently act for a number of general insurers who operate both in the local and global markets. We have also acted for self-insured entities including major supermarket retailers in defending public liability personal injury claims.

General insurance claims often overlap with claims involving the application of motor vehicle law and workers’ compensation law. We have experts in the fields of motor vehicle law and workers’ compensation law, who provide advice and support to our general insurance team to ensure that rights are not prejudiced.

Our expertise includes:

  • claims management
  • litigation services involving a wide variety of entities and industries
  • policy interpretation and drafting
  • advising on policy, indemnity and subrogation issues
  • conducting subrogated recovery actions
  • representing clients at coronial inquiries
  • submissions to the Financial Ombudsman Service.

Fraud is costly to the insurance industry and is seen in all claim types. Our team is alert to the possibility of fraud when defending claims and the typical indicators of fraud. Our team has successfully applied for suppression orders in numerous cases based on there being a reasonable suspicion of fraud.

Key contacts

Brady Cockburn
Partner
Tony Park
Partner
Chris Murphy
Special Counsel
Jess Byrne
Senior Associate
Damien Jarrett
Senior Associate
Kim Villis
Senior Associate
Rebecca Senini
Associate
Zoe Trikamji
Associate
Catherine Dugdell
Insurance Claims Adviser

Publications

Pot scrubber fails in repetitive injury claim in Mackay District Court

In the recent decision of Bishop v Compass Group Remote Hospitality Services Pty Ltd [2024] QDC 14, the District Court found that, although the employer had breached its duty of care towards its employee, that breach had not caused the injured worker’s bilateral elbow condition.

Podcast: Coffee with CGW - Get to know Tony Park

Join us for a coffee chat with insurance partner Tony Park and private clients partner Scott Hay-Bartlem as we delve into Tony's background, explore his life outside work, and discuss what gets him excited about his work in this candid conversation.

Watch your step! Neither employer nor principal contractor liable for worker’s failure to watch where they were going

In the recent District Court decision of Morris v Evolution Traffic Control Pty Ltd [2023] QDC 195, an employer and principal contractor were both found not liable for a trip and fall on a raised section of bitumen at a traffic site.