Brett is a Partner in the Insurance group specialising in pursuing subrogated recoveries and defending public liability claims.
Brett has considerable experience in pursuing recoveries across all classes, more notably property, homeowners, contents, motor, goods in transit, travel and strata insurance. He has been assisting insurers achieve recoveries since 1995.
Brett also has extensive experience in defending public liability claims. He was the lead solicitor in Menz v Wagga Wagga Show Society Inc (No 3) [2020] NSWCA 65, where he successfully defended a claim for underwriters based upon s5L of the Civil Liability Act 2002 (NSW). In Menz, the Court of Appeal considered the application of s5L of the Civil Liability Act 2002 (NSW) to exclude liability for harm suffered from obvious risks of dangerous recreational activities. The Court of Appeal presented a clear indication of the approach to adopt in characterising an ‘obvious risk’ and expressed its views on what constituted a ‘dangerous’ recreational activity. The decision will assist underwriters better determine whether they may successfully rely upon s5L to avoid liability.
Expertise
Experience
- The State of WA Achieved a significant recovery against the state for an insurance claim relating to fire damage to 18 properties when a back burn escaped containment lines.
- A manufacturer Acted for a general insurer in recovery against a manufacturer for its solar panel that caught fire and damaged a residential property.
- A council Achieved recovery against a major council for a claim resultant of defective workmanship that caused a burst water main which damaged two properties.
- A tenant Successfully achieved recovery for a general insurer where a tenant left a lit candle unattended and a fire subsequently ignited and destroyed the property.
- Council and a developer Acted in the recovery against a council and developer in a matter relating to for failing to install an adequate drainage system.
- A manufacturer Successful recovery against a manufacturer for a defective air conditioning unit that ignited and substantially damaged a property.
- A landlord of a commercial property Achieved an insurance recovery against the landlord for failure to maintain the property.
