Partner

David Slatyer

David specialises in helping Australian and global insurers and their customers, as well as self-insured companies and statutory bodies, to best manage their losses and resolve disputes.

Having 24 years in practice, David has resolved thousands of cases and legal disputes involving insurance for professional liability, public liability, life and total and permanent disability, property and ISR, directors, management and employment liability.

David and his expert legal team manage schemes or portfolios of claims, material litigation, class actions, inquests and professional inquiries, as well as the drafting of insurance products, providing advice and assistance with all manner of insurance, liability and risk questions.

His approach is to be fair and consistent, striving for resolution at good value.

David regularly presents for clients and industry seminars and is recognised by his industry as a leading lawyer in his field.

Expertise

David’s expertise includes:

  • Indemnity disputes, IDR and FOS processes, advice, drafting, Insurance Contracts Act, co-insurance, proportionate liability, subrogated recoveries
  • Coverage or defence, indemnity advice, Inquiries, audits and drafting, D&O, employment liability, various professionals including barristers, health, engineering, construction, real estate, financial services
  • Indemnity and defence, catastrophic claims, pure psychiatric injury, civil abuse claims, product liability, occupier’s liability, non-delegable duties for employers and schools
  • Non-disclosure, fraud, eligibility criteria, pre-existing conditions, unbundling claims, IP and TPD litigation, own occupation and ETE requirements, trustees and insurers, assessment duties, procedural fairness, SIS Act
  • Underinsurance, consequential damages, inevitable accident, fire, fraud, non-disclosure, exclusions, recoveries
  • Contract works for tunnels, runway; ISR for mills, mines; BI for manufacturing, agriculture, retail, hospitality and legal
  • Aviation, marine, heavy motor, airport operators, hanger keepers, maintenance engineers, cargo, port operators, construction and mining equipment, recoveries.

Recent projects 

  • The 2018 Dreamworld Inquest – failure of the Thunder River Rapids Ride, leading to four fatalities and other injuries.
  • Supreme Court and Court of Appeal hearings for the superannuation Trustee in claim for TPD benefits of $1.3m. Important question of obligation to reconsider an application if new evidence is supplied, with laws of trust, equity and superannuation.
  • Several claims against a Dam manufacturer and its insurer from the family of a young girl who perished when the dam failed, and safety prosecution by the State Government.
  • The Ravenshoe gas explosion which killed two persons and injured 17 when a vehicle collided with a gas bottle at a café, and unprecedented catastrophe in the community with significant media attention.
  • Litigation regarding a business policy, whether included cover for privately owned power network located in Western Australia.  Judgment received and resolved with notice of appeal pending.

Recognition

  • Recommended Lawyer, Insurance Law, Personal Injury Litigation and Product Liability Litigation, Best Lawyers in Australia.
  • Recommended Lawyer, Insurance, The Legal 500 Asia Pacific.

Thinking

Insurance
TPD: Gavan v FSS Trustee & MetLife [2019]...
Insurance
TPD alert: Newling v Metlife Insurance...
MO
MO
Commercial Disputes
Aged Care Royal Commission - Themes from...
Insurance
Aged Care and Disability Royal Commissions...
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TPD: Michael Burke v MetLife Insurance...
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TPD: Unreasonable Insurer Decision: Folmer v...
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MetLife Insurance Ltd v Hellessey [2018]...
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Insurance in MOtion - Privacy and sexual...
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Insurance in MOtion - Assisted dying in...
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Insurance in MOtion - Cover and Exclusions...
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Insurance in MOtion - Government review of...
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Insurance in MOtion - When can an insurer...
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Insurance in MOtion - Mills Oakley in...
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Insurance in MOtion - NSW Court of Appeal...
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Insurance in MOtion - Notifiable data...
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Insurance in MOtion - When strict compliance...
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Insurance in MOtion - Extending Unfair...
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Insurance in MOtion - The Age of the Pension...
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Insurance in MOtion - Australian Business...
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Insurance in MOtion - “Cap and collar”...
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Insurance in MOtion - We didn’t start the...
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Insurance in MOtion - Substance over form
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Insurance in MOtion - Class Actions in the...
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Insurance in MOtion - Insurtech – Enabler...
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Insurance in MOtion - Court orders...
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Insurance in MOtion - The irrationality of...
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Insurance in MOtion - United Nations warns of...
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Insurance in MOtion - Catastrophic Losses...
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Insurance in MOtion - You do the crime, you...
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Insurance in MOtion - Insurers should keep a...
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Insurance in MOtion - Court orders...
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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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Insurance in MOtion - Lloyd’s innovation...
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Insurance in MOtion - Modernisation of WA...
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Insurance in MOtion - Mandatory Reporting of...
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Insurance in MOtion - Court denies exclusion...

Partner

David McKenna