Ivan Medak
Ivan has extensive experience and expertise in all classes of statutory insurance, including workers compensation, industrial common law liability and statutory indemnity claims.
Ivan provides advice to clients in the government sector, iCare scheme agents, self-insured parties and specialised insurers on complex common law, policy interpretation, indemnity, risk management, double insurance and administrative law issues. He has particular interest in contractual indemnity claims in the context of workers compensation policies of insurance.
Ivan has represented insurers in a number of leading employer liability cases, including Smith v Sydney West Area Health Service [2008] NSWCA 267 (application of the work injury damages costs regime), Sydney Ports Corporation v Collins [2003] NSWCA 28 (limitation period), Van Der Sluice v Display Craft Pty Ltd [2002] NSWCA 204 (scope of employer liability and obvious risk), Chase v State of New South Wales [2004] NSWCA 441 (estoppel) and Wilkinson v Perisher Blue Pty Ltd [2012] NSWCA 250 (waiver and employer’s duty of care).
Ivan is recognised by the Doyle’s Guide (2015) as a Leading WorkCover & Workers Compensation Lawyers.
Experience
Ivan’s recent experience includes:
- Claims management: Worked with an insurer to prepare a “current state analysis” and claims management strategies in relation to a cohort of claims valued at in excess of $350 million. The project included a review of scientific literature as well as consultations with medical practitioners on epidemiologic evidence and clinical and claims assessment processes;
- National Parks and Wildlife Service: Acted for the former National Parks and Wildlife Service in response to a series of deaths and catastrophic injuries suffered by the victims of the Ku-ring-gai Chase National Park Bushfires. The claims received significant media attention and were cumulatively valued at in excess of $15 million; and
- NSW Legislative Assembly: Acted for The Speaker of the NSW Legislative Assembly in a damages claim brought by an Electorate Officer. The case involved a novel assertion that a tort allegedly committed by a former Minister and Member of NSW Parliament could be imputed to the office of The Speaker of the NSW Legislative Assembly and the Crown. This complex claim involved numerous meetings with The Speaker and other parliamentary representatives and required Ivan to draft, on The Speaker’s behalf, press releases in relation to this highly publicised claim.