Partner

David McKenna

David is a recognised leader in the insurance industry in Perth, with a particular expertise in relation to dust diseases claims. He acts for and advises insurers on commercial claims in the categories of professional liability, general liability, property and business interruption as well as acting for a major former asbestos manufacturer in relation to industrial diseases. David regularly acts as counsel in litigated matters and has been instructing solicitor and junior counsel in a number of leading High Court cases in the area of Local Government liability and dust diseases.

He is also recognised for his expertise in policy drafting and interpretation.

David has a great understanding of the needs of his insurance and other clients and leads a team which is dedicated to cost efficient resolution of claims. His reputation has always been that the settlement he will provide for his client will be “firm but fair.”

However, if a matter warrants defending, then he is recognised for his determined advocacy on behalf of the client.

Expertise

David’s expertise includes:

  • Litigation
  • Alternative dispute resolution
  • Complex and catastrophic claims
  • Acting in mediations, trials and appeals in Courts at all levels.

Recent projects

  • Acting to defend a claim of negligence against a barrister for failing to ensure that written heads of agreement were signed at mediation, in circumstances where the plaintiff subsequently sought to resile from the agreement at mediation and litigated her claim to trial. The claim involved issues of the application of barrister’s immunity, causation and determination of the trigger point for commencement of the limitation period.
  • Acting in respect of major bushfire litigation on behalf of multiple insurers seeking to recover amounts paid out to insureds from the responsible party.

Professional Memberships / Accreditation & Activities

  • Recommended Lawyer, Insurance, The Legal 500 Asia Pacific.
  • Leading Lawyer, Dust Diseases (Defendant), Doyle’s Guide.
  • Recommended Lawyer, Professional Indemnity, Doyle’s Guide.
  • Recognised Lawyer, Insurance Law, Best Lawyers in Australia.

location

Perth

Thinking

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WorkCover WA - Abolition of the...
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I Forgot - What Happened?
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New Statutory Duty of Care for Building...
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Personal Injury Commission Bill 2020
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In Summary - Supreme Court Practice Note SC...
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Current developments in class actions in...
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The importance of pleadings in Work Injury...
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Use of handwriting experts and lay evidence...
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The ACT Supreme Court finds a Stranger...
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COVID-19
The impact of COVID-19 on Dust Diseases...
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The 304 Words that Could Change Class Actions...
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Tours to be ‘Moore’ on Guard after High...
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Electronic execution of documents during...
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The 304 Words that Could Change Class Actions...
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NSW Court of Appeal Confirmed an Employer is...
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The price of institutional abuse
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A Crash Course on Birth Injury Claims
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COVID-19
COVID-19 and the enforceability of...
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Tripped Up – The NSW District Court...
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The Trending Consequential Claims
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Yeung v Santosa Realty Co & Anor [2020] VSCA...
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Insurance in MOtion - Court confirms proper...
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Insurance in MOtion - Don’t say it! Waiver...
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Insurance in MOtion - NSW introduces sweeping...
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Special Counsel

Jeffrey Sewell