BARRY.NILSSON. Lawyers

We have practiced in the management of professional indemnity claims for in excess of 15 years during which time, subject to the specific requirements of clients, we have focused on the optimum resolution of properly reserved claims having regard at all times to commercial imperatives. We specialise in the provision of legal services relevant to claims arising under:

• Professional indemnity cover
• Directors & officers' cover
• Various extensions including inquiry costs and employment practices

Our professional indemnity team has been involved in scores of trials, applications and appeals and hundreds of mediations and/or conferences. We have represented a variety of professionals and company directors and executives charged with offences or facing disciplinary proceedings brought by professional registration boards. We have advised a broad range of health and medical professionals in relation to medical negligence claims.

Some recent matters we have been involved in include:

Accountants and insolvency practitioners

• Acting for liquidators of a publicly listed company. One of the shareholders brought an action against the liquidators and sought support of other shareholders to commence a class action. As a result of a successful application for security for costs, the shareholder's proceedings were subsequently dismissed for want of prosecution when the security was not provided.
• Acting for accountants involved in a tax minimisation scheme where the clients were assessed for income tax and penalties totalling $3 million.

Architects

• Representing the designer of a commercial building where a customer was struck by a car, allegedly as a result of a design shortcoming which created a blind spot to car park traffic.
• Defending a number of claims brought against the designers of stairs constructed in both residential and commercial premises. Each claim involved personal injury and allegations against parties including the designer, builder, certifier and the owners of the premises.

Brokers

• Acting for a mortgage broker after delays in obtaining funds to purchase an industrial property allegedly led to loss. The defendants included a firm of solicitors and the insured's employer who was to facilitate the loan. The matter was resolved on the basis that the plaintiffs discontinued against the insured and paid its standard costs.

Engineers

• Acting for engineers in relation to the alleged subsidence of a significant retirement residential development. The purchaser's claim was successfully resisted having regard to issues of remoteness and loss.
• Representing an engineer involved in the design and construction of a bitumen surface in a large commercial development.
• Acting for geotechnical engineers in relation to the subsidence of a number of residential dwellings.

Rural and agronomical advisors

• Successful defence of a multi-million claim by a farmer in relation to a failed irrigation system. The Supreme Court proceedings were successfully defended after a 4 week trial in Townsville which was held on appeal.
• Acting for electrical contractors who designed and installed systems for an aquacultural farm which allegedly malfunctioned killing stock.

Solicitors and law societies

• Defending a claim against a firm of solicitors acting for a number of purchasers of a business where the vendors had allegedly fraudulently misrepresented the value of the assets.
• Acting for the former solicitors of the impending purchasers of a block of land. Through the solicitor's alleged negligence, the plaintiff lost the contract and sued in the Supreme Court of Queensland seeking damages in the vicinity of $1million as the alleged increase in value of the block.

Local authorities and other instrumentalities

• Acting for a horse racing authority in relation to the allegedly improper suspension of a horse trainer.
• Successfully and quickly arguing for part of a $46million+ claim by the plaintiff to be struck out at both application and appeal by showing a High Court precedent didn't apply and that the plaintiff had no claim for rectification of defects. Click here to read more

Surveyors and valuers

• Acting for a surveyor in relation to a claim where the surveyor allegedly negligently surveyed the site for an orchard resulting in the irrigation system malfunctioning, leading to the alleged loss of millions of dollars of produce. Investigations revealed that the likely cause of the loss was a disease of the relevant plant ie. Canker virus. The claim was abandoned.
• Acting for a marine surveyor in a claim involving a vessel that suffered a catastrophic failure on its maiden voyage. By focussing on causation and obtaining expert evidence from a noted UK naval architect, the matter resolved at mediation.

In addition to these professionals, we also act for:

• Government utilities and regulatory bodies
• Hospitals, nurses and midwives
• Physiotherapists and various health professionals
• Workplace Health & Safety consultants
• Unions
• Educational institutions
• Computer consultants
• Building & marine surveyors
• Scientists

To find out more, please contact our Insurance & Health team.