Partner

David McKenna

Sector

Insurance ,

Services

Finance ,
Insurance ,

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, The Best Lawyers in Australia.
Preeminent Lawyer, Dust Diseases (Defendant), Doyle’s Guide

Sector

Insurance ,

Services

Finance ,
Insurance ,

location

Perth

CONTACT

T: +61 8 6167 9850

F: +61 8 6167 9898

M: +61 408 705 418 [email protected]

Thinking

/124 SHOWING

Western Australian workers’ compensation...

SUMMARY JUDGMENT AND INDEMNITY COSTS – THE...

Allianz V Rawson Homes

Anti-vaccination publication is professional...

Can you aggregate injuries to the knee and...

No negligence by employer for loaded pallets...

Do you need an ‘insurable interest’ to...

The usual approach to costs in unusual cases...

Professional Indemnity cover excluded – for...

Ali v Insurance Australia: Clarifying the...

COVID-19 contracted in the course of...

A pothole or pivot injury? Mersal v Georges...

A seller’s liability for selling goods with...

When Dangerous Recreational Activity flies...

Swashplate Pty Ltd v Liberty Mutual Insurance...

Worth v HDI Global Speciality – measuring...

A reminder for interstate practitioners: full...

Greentree v Blacktown City Council – It...

Mistrina Pty Ltd v Australian Consulting...

Dispensing with the requirement for...

What is the correct measurement of diminution...

Apportionment of liability – causal potency...

Victorian Court of Appeal clarifies the...

Open Ship Registries and Implications for the...

Releasing an arrested ship – considerations...

Gosper v Pilbara Iron Company (Services) Pty...

Drawing the line between inference and...

A continued examination on Australia’s...

Kauter Investments v Arch Underwriting –...

Mills Oakley has launched a class action…...

Examining the Law of Dog Bites – What is...

What is the particular risk, you plead? Ricky...

Hauraki v Steinhoff Asia Pacific Limited...

Delays have dangerous ends for CTP Insurer -...

Recovery of inquest costs in subsequent civil...

Breaking the chain of causation: Ironmonger v...

Extending the Unfair Contract Terms Regime to...

Force Majeure Off the Rails! Woolworths vs...

The pursuit of resilient and insurable homes

Dungan v Padash [2021] NSWCA 66 and the...

A contractors obligation to familiarize...

Interpreting commercial insurance policies -...

Calculating economic loss - pre-existing...

“Lacrosse” Appeal decided;

Notices to produce - fishing expedition &...

WorkCover Queensland can recover statutory...

Suing insurers directly - Count Financial v...

An inevitable surge in mental health claims

Characterisation of indemnity payments and...

New requirements for providers of insurance...

Kremer v Sandfire Resources NL: A discussion...

The Future of Recoveries in Class Actions –...

High-risk cladding ban comes into effect in...

An updated look into Business Interruption...

A look into Business Interruption cases, both...

Entyce Food Ingredients Pty Ltd v CGU...

ASIC releases draft information sheet...

Court awards $400,000 for pain and suffering...

Nursing Board succeeds in de-registering...

A Truckload of Reforms on the Horizon:...

Case analysis: NIKOLICH v WEBB [2020] WASCA...

TPD claims - beware the Date of Assessment

Lee Mee Ko v Dr Hall & Ors [2020] VSCA 224

East Metropolitan Health Service v Ellis: A...

Uncertainties with the Unfair Contract Terms...

Requesting information about a personal...

Tightened complaint handling procedures aimed...

Just, cheap and quick? The evolution of...

QBE Insurance (Australia) Ltd v Allianz...

Insurance Indemnity for work health and...

WorkCover WA - Abolition of the...

Lex loci and cross jurisdictional awards of...

Entitlement to Damages for Loss of Use...

New Statutory Duty of Care for Building...

In Summary - Supreme Court Practice Note SC...

Current developments in class actions in...

Use of handwriting experts and lay evidence...

The ACT Supreme Court finds a Stranger...

The impact of COVID-19 on Dust Diseases...

The 304 Words that Could Change Class Actions...

Tours to be ‘Moore’ on Guard after High...

Ensuring Management Action is Reasonable...

Electronic execution of documents during...

The 304 Words that Could Change Class Actions...

NSW Court of Appeal Confirmed an Employer is...

The price of institutional abuse

A Crash Course on Birth Injury Claims

COVID-19 and the enforceability of...

Tripped Up – The NSW District Court...

The Unintended Consequences of Amending...

Yeung v Santosa Realty Co & Anor [2020] VSCA...

Childhood abuse cases - Queensland lifts...

Insurance in MOtion - Privacy and sexual...

Insurance in MOtion - Assisted dying in...

Insurance in MOtion - Cover and Exclusions...

Insurance in MOtion - Government review of...

Insurance in MOtion - When can an insurer...

Insurance in MOtion - Mills Oakley in...

Insurance in MOtion - NSW Court of Appeal...

Insurance in MOtion - Notifiable data...

Insurance in MOtion - When strict compliance...

Insurance in MOtion - Extending Unfair...

Insurance in MOtion - The Age of the Pension...

Insurance in MOtion - Australian Business...

Insurance in MOtion - “Cap and collar”...

Insurance in MOtion - We didn’t start the...

Insurance in MOtion - Substance over form

Insurance in MOtion - Class Actions in the...

Insurance in MOtion - Insurtech – Enabler...

Insurance in MOtion - Court orders...

Insurance in MOtion - The irrationality of...

Insurance in MOtion - United Nations warns of...

Insurance in MOtion - Catastrophic Losses...

Insurance in MOtion - You do the crime, you...

Insurance in MOtion - Insurers should keep a...

Insurance in MOtion - Court orders...

Insurance in MOtion - Court confirms proper...

Insurance in MOtion - Don’t say it! Waiver...

Insurance in MOtion - NSW introduces sweeping...

Insurance in MOtion - Lloyd’s innovation...

Insurance in MOtion - Modernisation of WA...

Insurance in MOtion - Mandatory Reporting of...

Insurance in MOtion - Court denies exclusion...

Special Counsel

Rebecca Roberts