Holman Webb Lawyers

We advise on the liability of aviation stakeholders including airport owners and operators. We act in aviation claims advising in property and injury claims involving aircraft owners and repairs and hangarkeeper's liability. We provide legal services in litigated and unlitigated claims, including claims under the Damage by Aircraft Act 1999 and Civil Aviation (Carriers Liability) Act 1959, claims by passengers, claims by third parties (non-passengers), public liability claims, such as slip and fall claims arising within airport terminals, claims in respect of loss of or damage to an insured's aircraft, claims in respect of loss or damage to aircraft (non-ownership), claims caused by aerial application, liability for airfield premises and liability for aircraft in care or custody.

Examples of aviation claims managed by Holman Webb are:

advising on the liability of airport operators
business interruption claims in relation to the loss of use of aircraft
a personal injury claim arising out of an injury to a spectator at an air show
defence of an airline for claims made by ground staff who suffered personal injury at airports
fuel contamination claims against a fuel supplier.

We maintain a specialist CTP insurance team with hands on partner involvement. The senior practitioners have worked together now for over 15 years, with a collective experience of over 40 years, and have developed the expertise to deal with complex claims and have the resources and systems to handle a large volume of matters.

Our team of experts, who have made their career in insurance, are in tune with the industry and have broad experience in the NSW, QLD and VIC Schemes. We have worked through the Scheme’s many changes. Our team comprises seasoned advocates who provide further accountability for results and cost savings as the need to brief counsel is obviated in many matters.

One of our Associates is highly trained in the assessment of Whole Person Impairment under the AMA Impairment Guides providing a wealth of knowledge in anatomy, potential injuries and resulting disabilities as well as the assessment of WPI. This experience has been essential in our success in MAS Assessments & Reviews which is a key in containing these claims.

With the large volume of matters inherent with CTP, ranging from the relatively simple, through to fraud and catastrophic, our team has developed processes to work quickly and cost efficiently. As soon as files come in they are categorised and allocated by a Partner to the appropriate team member. From this point on the progress of all claims are logged on Claimlink, Holman Webb’s online management reporting tool.

From our experience in Dust Diseases, we are knowledgeable in the history of asbestos including its mining, manufacture, and supply. We are fully aware of the aetiology of the various asbestos-related diseases and their relationship to exposure to the different types of asbestos containing products.

The team understands that the time of exposure is of significant importance as the later the exposure, the greater was the knowledge of the dangers of asbestos which affects liability. We have experience in the “3 waves of claims”, as Defendant, Cross-Claimant and Cross-Defendant and conducted various matters dealing with multiple claims.

The very nature of asbestos-related diseases, in particular mesothelioma, which can lead to a rapid demise of the sufferer, means that claims are dealt with immediately upon receipt. We swiftly investigate matters such as testing the allegations of exposure in a bid to measure issues such as exposure to any particular manufacturer’s product in terms of its weighting and to ascertain if there are other parties who can be joined to the proceedings, whether they be other manufacturers, suppliers, employers, contractors or occupiers.

We provide advice to our general and specialist insurer clients, including advice on indemnity issues, fraudulent claims, liability issues, policy wording and other contractual documents and general insurance. The group also acts for insurers and their insured’s in all matters including liability claims, recovery claims, general insurance disputes and disputes between insurers.

Business Practices

Holman Webb acts for insurers and their insureds in relation to claims arising under these policies, in particular, issues and representation surrounding Defence Costs Indemnity, Liability to Statutory Authorities and, in conjunction with our Workplace Relations Team for Employers in respect of claims for unfair dismissal and other wrongful employment practices.

ISR (Industrial Special Risk)

Holman Webb has extensive experience acting in claims involving ISR policies including property damage, fire, theft and business interruption and in dealing with the complexities often associated with these claims.

We have acted for insurers and insureds in large and complex property damage claims.

Medical Indemnity

We have an experienced team of lawyers who handle medical indemnity litigation and disciplinary matters on behalf of health practitioners including registered medical practitioners. Our team handles a broad range of claims including catastrophic claims, and specialises in:

medical indemnity
claims made in negligence and breach of contract
multi-party disputes
discrimination claims made by patients, and by practitioners
defamation claims from assertions being published, and in written complaints to Medical Councils
acting for health practitioners in coronial inquiries.

Disciplinary

Our disciplinary work for health practitioners covers all possible areas. We have extensive expertise in the full range of disciplinary proceedings including:

research
allegations of professional misconduct or unsatisfactory conduct, defending proceedings brought by regulatory authorities
acting for practitioners in performance assessment instituted by regulatory authorities
medical negligence, defending claims where the patient has suffered injury
medical student cover – covering university actions against students, and disciplinary processes within universities and hospitals.

We work closely with the health practitioners involved in these matters and pride ourselves on our personalised, pro-active and communicative approach. All our medical indemnity and disciplinary matters are dealt with personally by senior lawyers with extensive experience.

We have developed specialist expertise in the provision of legal services for marine claims.

Some examples of our expertise include:

acting for a marine insurer advising on a claim for indemnity under an insurance policy by an entity arising from an injury to a person sustained in the course of the construction and maintenance of the Anzac Class Frigate Ships and the interpretation of and application of contractual indemnities and insurance provisions in the contractual documents
acting for domestic underwriters in the conduct of marine claims including cargo and hull damage and total loss claims
acting in employment disputes (unfair dismissal, breach of contract, redundancy) for a stevedoring company
acting for a boat sharing company, defending a personal injury claim arising from an accident involving three fingers being severed from a guest on a vessel whose fingers became trapped when releasing lines from a vessel
advising on a claim for indemnity under an insurance policy in the course of the construction and maintenance of ships and the interpretation and application of contractual indemnities and insurance provisions in contracts.

Claims against professionals can have consequences on their professional reputation and are taken very seriously. At Holman Webb we also respect that a professional’s time is very valuable, so ensure that demands on that time are kept to essential matters and then dealt with as efficiently as possible.

Holman Webb’s insurance legal services extend to a broad spectrum of professionals against whom allegations are made, including: accountants, estate agents, engineers, architects, surveyors, financial and insurance brokers, financial planners/advisors, lawyers, real estate agents and builders.

Holman Webb also provides legal services for the specialist insurance area of directors’ and officers’ liability.

We advise insurers on policy interpretation, whether the policy in question covers the claim before it or not and the applicability of exclusion clauses. We advise on issues of indemnity, dual insurance, liability, contractual indemnities and insurance obligations, contribution/recovery and quantum. Our experienced team of specialist lawyers manage these claims on behalf of insurers, self- insured clients and brokers and have extensive experience in managing a broad range of public and products liability claims. We pride ourselves on working closely with our clients, are proactive and focus on achieving a prompt commercial and cost effective outcome.

We have experience across a wide range of jurisdictions in managing the following:

personal injury claims
property damage claims
products liability claims
compensation to relatives claims
policy coverage/indemnity disputes
coronial Inquests.

From conducting complex, multi-party litigation involving varied causes of action, to managing high volume, fast turnaround small debt recoveries arising from motor vehicle accidents and other small-scale damage to insured property, our recovery work for insurers covers it all.

We have successfully run cases involving product liability claims pursuant to manufacture and sale of goods legislation (Trade Practices Act, Fair Trading Act and Sale of Goods Act), negligence, breach of contract (including reliance on indemnity and exclusion clauses in residential and commercial leases), deliberate acts such as trespass, theft and conversion, malicious acts such as vandalism and arson, nuisance, breach of bailment terms and breach of statutory duty. We are conscious of the need to control costs in these matters to ensure a profitable net recovery for insurers and we periodically review all recovery files with regular status updates to clients including updated advice on the prospects of success, accounting for an analysis of the risks and benefits and legal costs involved as the individual matters proceed.

We assist our insurer clients to manage recovery actions where both insured and uninsured losses are claimed and we identify and advise insurers early, on potential indemnity and subrogation issues.

Holman Webb has refined our data recording systems such that we have facilities to provide statistical analysis on recovery costs and outcomes in order for us to provide insurance recovery clients with guidance to assist with budgeting and resource allocation.

With a focus on achieving the best net result for our insurance recovery clients, we will follow a recovery matter through from initial letter of demand to enforcement and we have successfully recovered funds after achieving judgments and initiating bankruptcy and corporate winding up proceedings and Sheriff seizure of debtor's assets.

Holman Webb’s ERNI team in Sydney, Melbourne and Brisbane understand the challenges that face the insurance industry in achieving timely and cost-effective outcomes.

The team is proactive and forward thinking and will deliver exceptional service, by utilising their accumulated experience and strategic advice, to achieve the best possible results for you together with a reduction in your total claims cost.

The team has a strong track record and their comprehensive understanding of the Insurance industry means ERNI can be easily customised to suit your requirements. The team’s objective is to put you in a position of strength, from the outset, which will assist in securing the following:

cost-effective resolution of claims
a reduction in the life cycle of claims
certainty in relation to outcome and costs

For organisations that provide insurance products designed specifically for the sporting industry, Holman Webb offers a team of sport insurance specialists that can manage all types of claims.

Holman Webb also provides insurers with online access to claim progress reporting via a purpose built claims management and reporting system, Claimlink.

Personal accident insurance
Early dispute resolution tailored for sports injury claims
Contract insurance for professional athletes
Business insurance
Contingency insurance
Property insurance
Public and Product Liability
Employment practices including wrongful dismissal
Professional indemnity (including coaches, referees/umpires and match officials)
Directors and officers liability / association liability
Voluntary workers.

The members of our team have, combined, nearly five decades of experience in advising and representing employers, including all major workers compensation insurers in NSW, in all aspects of workers compensation.

We are conscious of the very high cost of workers compensation claims to employers as well as the overlapping issues with other employment related issues such as work health and safety, termination of employment and anti-discrimination laws. The range of our services includes:

Claims management, assistance and advice on liability across all areas including injury, substantial contributing factor, disease, psychological injury, journey, recess, death, apportionment, incapacity, medical expenses, lump sums, uninsured liability, work injury damages, dispute grounds/notification and injury management
WIC rating and premium disputes
Incident management including catastrophic and fatal injuries
Licensing advice
Representation in the Workers’ Compensation Commission – teleconferences, conciliation/arbitration hearings and appeals, work injury damages mediation and hearings in the District and Supreme Courts and appeals to the Court of Appeal
Recovery actions pursuant to Section 151Z
Judicial reviews to the Supreme Court
Protection of injured worker disputes – Part 8.