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Team Members

Damian Hinkley

Special Counsel
Damian practises in personal injury litigation and specialises in workers’ compensation, acting for WorkCover Queensland and a number of large self-insurers.

Damian has a wealth of experience in workers’ compensation including both common law and statutory claims.

With a mix of pre-proceeding and litigated files, Damian’s current common law portfolio includes pure psychiatric injuries, cross-jurisdictional issues, medical negligence claims and a number of large, multi-party claims.

In addition to common law claims, Damian advises insurers in complex statutory claims in relation to threshold issues and has been involved in appeals to the Queensland Industrial Relations Commission and Industrial Magistrates Court.

Through a focus on practical outcomes, Damian works closely with clients to efficiently achieve strong results through formal litigation and alternative dispute resolution.

Damian has a special interest in pure psychiatric, medical negligence and cross-jurisdictional claims.

In addition to insurance litigation, Damian volunteers with LawRight and assists underprivileged private clients in relation to residential tenancies, minor civil disputes, administrative law and capacity.

  • Bachelor of Laws (Hons) – University of Queensland
  • Diploma of Legal Practice – College of Law
  • Solicitor – Supreme Court of Queensland and High Court of Australia
  • Member – Australian Insurance Law Association
  • Member – Australian Lawyers Alliance
  • Member – Young Insurance Professionals
  • Member – Queensland Young Lawyers
  • Investigating and resolving complex pure psychiatric claims.
  • Advising in respect of large quantum claims arising out of serious injuries (including brain injuries) and/or injuries to high income earners.
  • Acting in cross-jurisdictional claims involving injuries sustained internationally, overseas respondents/insurers and claims brought in foreign jurisdictions.
  • Acting in relation to medical negligence claims arising secondary to workplace incidents.
  • Acting in multi-party mining and construction claims involving the Personal Injuries Proceedings Act 2002 (Qld) (PIPA) and Motor Accident Insurance Act 1994 (Qld) (MAIA).
  • Advising in relation to statutory claim threshold issues and appeal prospects.
  • Acting in surgery appeals to the Industrial Magistrates Court.
  • Investigating and resolving fraudulent claims.

Areas of Expertise

Publications

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.

Principal contractor liable for unsafe access ladders, despite third party’s specialist expertise

Interstate workers: Supreme Court clarifies workers’ compensation state of connection test

The Supreme Court of Queensland has clarified how the workers’ compensation state of connection test operates. This potentially has significant ramifications for employers and insurers where employees are working across multiple states or territories.