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Team Members

Monique Moloney

Senior Associate
As a senior associate in Cooper Grace Ward’s insurance team, Monique brings approximately 17 years’ experience in the insurance industry, both administrative and professional. She has significant experience in public liability, compulsory third party and workers’ compensation claims from lodgment of a notice of claim to trial.

As a senior associate in Cooper Grace Ward’s insurance team, Monique brings approximately 17 years’ experience in the insurance industry, both administrative and professional. She has significant experience in public liability, compulsory third party and workers’ compensation claims from lodgment of a notice of claim to trial.

With extensive understanding and competence in running personal injury files from simple slip and falls to complex dependency and catastrophic injury claims, Monique has knowledge of all relevant legislation and procedures ensuring a proactive approach to resolving claims.

Bachelor of Commerce – University of Queensland

Bachelor of Laws – Queensland University of Technology

Diploma of Law – College of Law

Solicitor – Supreme Court of Queensland

Masters of Law – Queensland University of Technology.

  • Ability to understand clients’ approach to claims management and adhere to panel service standards, including required time frames for steps to be taken under the relevant legislation and internal time frames, dealing with conflict issues and contact with clients.
  • Providing advice in relation to limitation period issues, including considering application and affidavit material provided by the plaintiff, medical and other evidence, case law and prospects of success under the Limitations of Actions Act 1974.
  • Arranging thorough investigation of the circumstances of claims and allegations of negligence through factual investigations, obtaining relevant documentation, witness statements and expert evidence.
  • Considering the application, and possible overlapping, of relevant legislation, including but not limited to Limitations of Actions Act 1974, Motor Accident Insurance Act 1994, Personal Injuries Proceedings Act 2002, Civil Liability Act 2003 and Workers’ Compensation and Rehabilitation Act 2003.
  • Providing appropriate advice to clients on compliance, indemnity, liability, third party contribution, contributory negligence, fraud, medical evidence, quantum and recommendations as to future conduct and resolution of the claim.
  • Engaging in informal settlement negotiations with third parties and/or the claimant to attempt to resolve the claim as quickly and cost effectively as possible.
  • Appearing at compulsory conferences on behalf of clients.
  • Progressing claims through litigation, including drafting pleadings, complying with disclosure obligations and briefing Counsel.
  • Preparing a matter for trial including issuing subpoenas, witness conferences, liaising closely with Counsel and witnesses and instructing Counsel at trial.

Areas of Expertise

Publications

Whack! Employer found vicariously liable for supervisor’s intentional, unlawful assault on team member

In the recent workers’ compensation decision of Mason v State of Queensland, an employer was found vicariously liable for an intentional, unlawful assault by a supervisor against a team member as well as for the subsequent retributive behaviour of other employees (essentially verbal abuse for ‘dobbing’ on the supervisor).

Timeliness in obtaining expert reports – delay IMEs at your peril

In Bona v Jeffries & Allianz Australia Insurance Limited [2021] QSC 84, the defendant insurer failed, on the basis of unreasonable delay, in its application to the Brisbane Supreme Court for an order that the plaintiff submit to an assessment by an occupational therapist over 12 months after the holding of the compulsory conference.

Don’t let the door hit you ... No negligence for automatic door striking airport visitor

In the claim of Gray v Wagga Wagga City Council [2021] NSWDC 108, the plaintiff failed to prove negligence against the Wagga Wagga City Council after an automatic door at an airport closed and struck her, injuring her neck, left shoulder and back.