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Michelle Fisher

Special Counsel

Perth

Michelle has gained strong experience in workers' compensation. She regularly advises clients on liability and quantum, mainly working on claims with a common law component or potential.

Prior to joining Mills Oakley, Michelle successfully handled Insurance Commission of Western Australia motor vehicle injury claims whilst working with Brian Sierakowski (then a member of the Legal Panel of the Insurance Commission).  Her work for ICWA included drafting advices on all issues relating to liability, late notice and quantum, including Fatal Accident Act claims.

Michelle is also highly experienced at managing catastrophic claims, preparing detailed assessments on quantum and preparation of Schedules of Damages. During 2014 Michelle worked on a common law claim involving an above knee-level leg amputation, liaising with a prosthetics expert and preparing detailed schedules of the future cost of prosthetic limbs and replacement parts for the life expectancy of the Plaintiff.

  • +61 8 6167 9823

Expertise

Michelle’s expertise include:

  • Appearing in the District Court on all interlocutory matters
  • Appearing on Special Appointments
  • Assisting at pre-trial conferences
  • Drafting settlement documents
  • Briefing Counsel, and assisting Counsel at trial
  • Briefing experts
  • Drafting applications for conciliation
  • Attending District Court, Judges’ Chambers on compromise applications.

Recent Matters

  • Advised on a claim for damages by a catastrophically injured young man requiring 24 hour care due to an MVA where issues arose as to whether the claimant was to be cared for at home, in a group home or residential care facility, and there was conflicting medical evidence regarding the claimant’s reduced life expectancy
  • Defended a claim for damages brought by a farmer who suffered an acquired brain injury in a motor vehicle accident. Prior to the injury it was planned that the claimant would take over the running of the family farming properties. Assessing future loss of earning capacity was complex in circumstances where the family farming properties were conducted through various partnership and trust structures
  • Defended a dependency claim under the Fatal Accidents Act where the deceased was employed by a major international airline Quantum was in issue as the dependents claimed in addition to loss of income, a significant loss of  national and international airline benefits which would otherwise have been provided to members of the deceased’s family during his lifetime
  • Defended a claim for damages by a young boy who sustained an above-the-knee amputation in a motor vehicle accident. Quantum was in issue regarding the assessment of the claimant’s prosthetic needs for the balance of his life and damages for future loss of earning capacity in the absence of secondary schooling academic records
  • Defended a claim for damages by a passenger in a motor vehicle accident where contributory negligence was determined at trial. The claimant passenger was the mother of a young learner driver and was acting as instructor at the time of the accident.