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PROFILE

Simon Lusk

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Director

ABOUT

Simon

Simon has 30 years’ experience as an insurance and commercial litigation specialist. He was a partner at DLA Phillips Fox before forming YPOL as a founding director in 2007.

Throughout his career Simon has enjoyed working with insurers and their insureds to resolve claims against professionals, including lawyers, accountants, engineers and geotechnical engineers, certifiers, financial advisers, valuers, insurance brokers, and architects – to name a few.

Outside the professional indemnity field, Simon advises local and Lloyd’s market insurers and reinsurers in connection with a broad range of claims including third party property damage, personal injury, and environmental contamination, with a particular focus on litigation arising out of construction activity.

  • Leading Lawyer,Professional Indemnity Lawyers (NSW), Doyle’s Guide, 2021 and 2021
  • Recommended Lawyer, Public and Product Liability (NSW), Doyle’s Guide, 2020 and 2021
  • LLB (Hons) 1990 University of Auckland
  • LLM 1995 University of London

DISTINCTIONS

AWARDS

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MEMBERSHIPS

RECENT

EXPERIENCE

Particular examples of Simon’s experience are:

  • Acting for the successful excess insurers in a coverage dispute in connection with the operation of the Wivenhoe Dam: Liberty Mutual Insurance Company v Sunwater Limited [2021] NSWSC 1582
  • Successfully defending multi-party proceedings in the Supreme Court of New South Wales against contractors for personal injuries sustained by a form worker: Zaya v RPS Manidis Roberts Pty Ltd v UGL Engineering [2019] NSWCA 320; Zaya v Manidis Roberts Pty Ltd v UGL Infrastructure Pty Ltd and anor (No 2) [2019] NSWSC 515
  • Advising in relation to claims against certifiers, including conducting the successful defence of a building certifier in Bayside Council v Corp Constructions Pty Ltd [2017] NSWCA 120
  • Conducting the successful defence of proceedings in the Supreme Court of Western Australia arising out of the sale of a life governor’s share in a large mining company on behalf of excess insurers: Hancock Family Memorial Foundation Ltd v Lowe (2015) 320 ALR 337
  • Advising insurers of architects, engineers, geotechnical engineers and other building industry consultants in connection with large scale litigation arising from alleged defective design, advice, site audits and inspections
  • Advising professional indemnity insurers in connection with a claim arising out of the conduct of the Malaysian Airlines MH17 class action proceedings
  • Acting in proceedings in the Federal Court of Australia brought by investors and financiers of the CLEM7 tunnel

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Areas of expertise

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Simon