Scott Hay

Scott specialises in public liability, dust diseases and workplace claims.

Scott assists clients in a broad range of industries including energy and resources, manufacturing, property management, transport, agribusiness, local government and insurance. Scott has been practising as a litigator for insurers and self insurers for more than 20 years.

Scott is regularly recognised for his experience in Personal Injury litigation in Best Lawyers™ Australia and the Doyle’s Guide. Scott was recognised as ‘Pre-eminant’ in the Doyles Guide 2018 for his work acting for defendants in the public liability space and as ‘Lawyer of the Year’ for Personal Injury Litigation in the Best Lawyers Guide 2019.


Scott’s experience includes advising:

  • Large mineral and resources company, for more than a decade, in relation to dust diseases claims. In that time, he has been involved in a number of landmark cases, including Schultz, which established the principles of cross-vesting;
  • Large manager of commercial premises in its public liability claims in New South Wales. He has been successful in a number of matters including Elphick where the New South Wales Court of Appeal held that the company’s services contract effected a complete delegation of responsibilities to its contractor, with the result that it was not liable for the manner in which contractors devised and executed systems of work;
  • Large steelmaking company in relation to its dust diseases liabilities. Since his appointment in 2010 the company has reduced its contributions to claims and legal costs considerably; and
  • Commonwealth Steel Company Ltd v BHP Billiton Marine & General Insurance Ltd (2018) in regards to the successful representation in the NSW Court of Appeal on the decision on the relevance of ‘ancillary’ evidence in disputes concerning the interpretation of policies of insurance drafted 45 years earlier.

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