Our Team

Tim has more than 25 years experience in insurance, reinsurance and commercial litigation. He was a partner at Phillips Fox for 9 years before joining Yeldham Price O’Brien Lusk.

Tim is recognised as a leading commercial litigator and adviser to the Australian insurance and reinsurance industry. He is regularly nominated as one of Australia’s leading lawyers in publications including Chambers Global Guide and The International Who’s Who of Insurance & Reinsurance Lawyers. 

Tim has a broad practice which includes a mix of contentious and non contentious matters for corporate and individual clients. His expertise includes:

  • Commercial litigation and Dispute Resolution
  • Constitutional and Administrative Litigation
  • Trust and Estate disputes
  • Defamation
  • Competition
  • Insurance coverage
  • Reinsurance
  • Professional Indemnity
  • Directors and Officers Insurance
  • Construction, Industrial Risks and Contracts Works Insurance
  • Fidelity Guarantee Insurance
  • Policy drafting and interpretation

Tim has conducted and advised on many significant matters. Some examples of his work include:

  • conducting the successful defence of oppression proceedings (Australian Institute of Fitness Pty Limited v Australian Institute of Fitness (Vic/Tas) Pty Limited (No 3) [2015] NSWSC 1639);
  • Constitutional challenges to New South Wales legislation (Duncan v Independent Commission Against Corruption [2015] HCA 32 and Duncan v New South Wales; NuCoal Resources Limited v New South Wales; Cascade Coal Pty Limited v New South Wales [2015] HCA 13);
  • conducting the successful defence of Federal Court proceedings arising from a share sale (Addenbrooke Pty Limited v Duncan (No 6) [2015] FCA 793);
  • acting for the successful plaintiffs in a landmark family trust dispute (Hancock and Rinehart v Rinehart and Ors [2015] NSWSC 646);
  • conducting proceedings concerning the application of public international law (Ure v The Commonwealth of Australia & Anor [2016] FCAFC 8);
  • successfully defending professional negligence claim arising from succession planning claim (King v Benecke [2014] NSWCA 399);
  • conducting the successful defence of restraint of trade and competition proceedings challenging the rules in respect of thoroughbred breeding in Australia (McHugh v Australian Jockey Club Limited [2014] FCAFC 45);
  • acting for Racing NSW and Harness Racing NSW in obtaining landmark High Court judgments defending the constitutional validity of the race fields fees on thoroughbred and harness racing in NSW (Betfair Pty Ltd v Racing NSW [2012] HCA 12 and Sportsbet Pty Ltd v New South Wales [2012] HCA 13;
  • successfully acting for a public company in a dispute arising from the purchase of an insurance business including the actuarial valuation of insurance assets and liabilities (Calliden Group Limited v Australian Unity Limited [2010] NSW SC 263);
  • successfully acting for a public company in respect of a constructive trust claim by a university for the ownership of intellectual property which also involved issues regarding an IPO and breach of director’s duties (University of Western Australia v Gray (No. 20) [2008] FCA 498);
  • successfully conducting the defence of proceedings against solicitors arising from the exercise of options in an intellectual property venture and subsequent litigation (A I McLean Pty Limited & Anor v Hayson & Ors [2008] NSWSC 927);
  • conducting the first case involving a claim by a director for indemnity from a company for defamation losses incurred in his role as a director and associated defamation claim (NRMA v Whitlam [2007] NSWCA 81);
  • film finance reinsurance coverage litigation (Reinsurance Australia Corporation Limited v HIH & Ors [2003] FCA 803);
  • the leading Australian case on the application of a dishonesty exclusion to a professional indemnity policy (McCann v Switzerland Australia Insurance Limited (2000) 203 CLR 579);
  • the transnational insurance coverage dispute concerning indemnity for CSR’s asbestos related claims (Cigna v CSR (1997) 189 CLR 345)
  • the application of a statutory fund to cover losses to the compulsory professional indemnity scheme for lawyers in NSW arising from the collapse of HIH
  • advising professional indemnity insurers on many of the major solicitors’ mortgage lending collapses
  • advising in respect of the litigation and claims resolution strategy of the only Australia reinsurance company to successfully conclude a solvent run-off (ReAC)
  • the conduct and resolution of a major construction dispute concerning the parallel runway at Sydney Airport and associated insurance claims

Tim is a member of the Law Society of New South Wales, Australian Insurance Law Association and the International Bar Association

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