Joy Horwood
Joy specialises in complex commercial litigation and insurance law, in which she has practiced for over 10 years, primarily in the areas of professional indemnity, financial services, building & construction and mining & resources. In addition to litigated matters, Joy regularly advises clients on contract interpretation, particularly relating to indemnities and claims for delay and acceleration costs, proportionate liability and statutory interpretation.
Joy has acted in disputes involving local and state government bodies, and a wide range of professionals including solicitors, doctors, accountants, architects, and engineers, and their insurers. She has defended claims ranging from negligence to breach of statutory duties, including misrepresentation.
Experience
Joy’s recent experience includes:
- Australian Financial Service Licensees: Advised an Australian Financial Service Licensees and their authorised representatives in the areas of financial planning and securities advice, including the successful defence of a professional negligence claim against a financial adviser in the Federal Court of Australia;
- Dispute resolution: Defending and negotiating the resolution of claims made in ASIC approved external dispute resolution schemes including the Financial Ombudsman Service and the Credit Ombudsman Service Ltd;
- Corporate clients: Particularly in the mining and resources sector in relation to the preparation of business interruption schedules and evidence for claims against their own insurers, including in circumstances where the loss is dependant upon fluctuating prices or supply, and the loss of supply from the business impacts upon the market value;
- Major engineering firms: Acting for engineers from a range of disciplines including civil, structural and geological, mechanical and electrical, with respect to alleged negligent design of buildings, structures, public roads, bridges, and earth and site works, and alleged improper, negligent and misleading certification of structures as being suitable for cyclonic regions;
- Contractors: Construction contracts relating to the Perth Airport Expansion, Elizabeth Quay, and Midland Rail Redevelopment projects, including with respect to delay and acceleration costs; and
- Numerous building contractors and engineers: In relation to preparing adjudication applications and responses under the Construction Contracts Act 2004 (WA), advising on enforcement and review of adjudication determination, advising on and making application for judicial review of determination.