Special Counsel

Simon Carter

Simon has 40 years of experience in all aspects of insurance litigation and policy interpretation. He has acted for and advised most of the major insurance companies, providing advice with respect to policy interpretation and indemnity issues, and representing insurers in numerous pieces of litigation and legal disputes involving professional indemnity, public liability, property claims, workers’ compensation claims, employment liability and discrimination or bullying or sexual harassment in the workplace.

Simon has a particular interest in alternative dispute resolution, having been involved as a mediator in a number of cases.

Simon seeks to identify the main issues early on in any dispute and to then adopt a fair but consistent approach. He strives for an efficient resolution of any dispute at good value for the client.

Expertise

Simon’s expertise includes:

  • Defence work, class actions, catastrophic claims, pure psychiatric injury, dependency claims, civil abuse claims, product liability, occupier’s liability, contractor’s liability, schools
  • Loss of use and consequential damage, inevitable accident, fire losses, fraud, non disclosure and misrepresentation, exclusions for flood damage,  intoxication, defective product or faulty workmanship, recoveries
  • Indemnity advice, professional conduct inquiries, various professional sectors including barristers, medical/health, engineering, construction, real estate, financial services (financial advisors and accountants)
  • Advices with respect to statutory claims including definition of injury and of worker, over a period of time injuries, latent onset injuries, injuries suffered on camps and in connection with work related activities, pure psychiatric injury, bullying and harassment, drafting notices declining cover,  asbestos related claims, common law claims, dependency claims
  • Bullying, discrimination and sexual harassment claims in the Anti Discrimination Tribunal and the Federal Court.

Recent projects

  • Resolution of claims for pure psychiatric injury against a dam manufacturer, an international company based in Sweden, by mother, grandmother and grandfather of a four year old girl who drowned when a dam failed including inquest, workplace health and safety prosecution and Supreme Court proceedings.
  • Defending various local councils against claims by former council employees for skin cancers said to have resulted from their employment with the councils.
  • Defending a barrister against whom a costs order was sought personally.
  • Defending the manufacturer and supplier of a wood particle-filled magnesium cement particularly useful for levelling deflected concrete slabs in relation to allegations of misrepresentation and the supply of defective products when floors on which the product had been used failed.
  • Defending consulting engineers against claims arising out the failure of a slab designed for a residential development.

location

Brisbane

Partner

Con Gotis-Graham