Find Lawyers in Australia for Product Liability Litigation
Practice Area Overview
Under the ACL, businesses must guarantee products and services that they sell against faults and products must match descriptions and be fit for any marketed purpose. This applies to all goods sold for under $40,000 and to goods sold for more than that amount which are usually acquired for household or domestic use. In addition, the ACL renders liable manufacturers and in some cases importers of goods which, because of some safety defect, cause injury or damage to property. It does this by establishing a statutory cause of action for damages where goods have a safety defect and this defect causes damage or injury. Importers of goods from overseas companies who do not have a place of business in Australia are deemed to be the manufacturer and can be sued on the same basis. The term safety defect is given a wide definition to include goods whose safety is not such as people generally are entitled to expect.
In addition to these statutory rights, common law rights still exist. If a manufacturer negligently produces goods which are sold and which cause injury or damage, there also may be a cause of action in negligence.
Lawyers practising in this area must have a good working understanding of these principles and may be called upon to act in matters involving individual injuries or damage. In addition, in some local jurisdictions, products which cause more widespread damage or injury can be the subject of class action litigation.
Jason is widely regarded as one of Australia’s leading class action, regulatory investigation and product liability specialists. He has over 25 years’ of litigation experience and has defended the largest class actions and investigations in the Australian market. He is one of the few Australian defence lawyers to have run a class action to final trial and judgment, and is the only Australian lawyer to win two shareholder class actions at trial (on behalf of Worley and Iluka). Jaso...
Malcolm has particular experience in class actions, supplemented by specialist expertise in insurance, including providing coverage advice to insurers as well as acting to defend their insureds. He has an outstanding track record of achieving positive outcomes for clients by resolving their disputes in a timely and cost-effective fashion without litigation where possible, and by litigating to successful conclusions where necessary. His clients expect and receive proactive and early advice whi...
Robert practises in insurance law and litigation, with a focus on professional indemnity and product liability insurance. He joined Meridian Lawyers in November 2014, bringing a wealth of experience in insurance law, having acted in many high profile insurance cases. He acts for overseas underwriters, particularly Lloyd’s Syndicates and others in the London insurance market. He also advises insurers, brokers, underwriting agents and insured parties and provides risk management advice to...
Matthew is not only a leading insurance lawyer but is highly regarded in developing key client relationships and key client teams to create long standing partnerships. Matthew is the co-lead of the Firm’s award winning National Financial Services + Insurance Industry Group. Matthew enjoys a strong industry presence including with key industry associations such as ANZIIF and FSC, and also Government where he has held a number of key advisory positions. Matthew’s experience in manag...
Graydon leads the Hall & Wilcox Litigation and dispute resolution team. He acts on behalf of a number of national and overseas clients on large and complex commercial litigation matters and advises on all aspects of dispute resolution. He has particular expertise in contract disputes, negligence cases, regulatory matters including ASIC and ACCC investigations, coronial inquests and commissions, and product liability. He has advised clients in both the private and public sector. Clients ap...
Scott has acted on behalf of clients who have suffered injury in New South Wales since 1988. Scott was admitted as a Solicitor in 1992 and became a partner of the practice in 1997. He was accredited by the Law Society of New South Wales as a Personal Injury Law Specialist in 1996 and continues to. Since his admission as a solicitor in 1992, Scott has worked for BPC, and before then with its predecessor, Flannery Mura & Costello. Scott has been appointed by the State Insurance Regulatory A...
Kiley is a specialist insurance and construction lawyer with 20 years’ experience resolving disputes on behalf of local and UK-based insurers and private companies as well as front-end contract negotiation. Kiley is passionate about driving change at all levels so, in addition to her practice, she recently became a member of Sparke Helmore’s Diversity and Inclusion Committee. She is an advocate for bringing your “whole self” to work—with a long history in the dis...
Jacinta has extensive expertise in commercial and insurance-related litigated matters having practised exclusively in these areas for over 20 years. She represents national and international insurers, insureds, and large corporate self-insureds. Jacinta specialises in the defence of all classes of liability including complex product, catastrophic public and property liability matters as well as personal injury and professional indemnity matters. She holds panel appointments with national and ...
Julian, who is named on the Best Lawyers in Australia list, has more than 26 years' experience in insurance law and expertise in casualty, liability, construction risk and products liability. Julian is also recommended as a Leading Professional Indemnity Lawyer in NSW in the 2017 Doyle's Guide. What he does Julian provides advice on large and complex building and engineering claims, claims against individuals in the corrective and detention services industries, as well as products liability c...
Belinda is an experienced litigator with an extensive background defending claims arising out of personal injury and fatalities, property damage, contractual liabilities and intentional torts for governments, insurers and self-insureds. She sits on Sparke Helmore's Board and also on the firm’s Diversity Committee. What she does Belinda acts in a range of public liability and property damage claims. She acts in general liability claims for catastrophic and/or fatal injuries, including mu...
Robert has more than 20 years’ experience in insurance law and complementary areas, focusing primarily on property damage and associated recoveries, public and products liability and professional indemnity claims. His client experience is broad, including acting for Australia’s largest general insurers, Lloyds of London Syndicates, supermarkets, State Government, Universities, Mutuals, Councils, professionals, transport companies and the operators of large infrastructure and build...
Marcus has extensive experience in most areas of insurance law and commercial litigation. He is recognised by his clients and peers as a leading practitioner who can provide practical and commercial specialist advice. Marcus has broad experience in most areas of insurance law. He has acted as both coverage and defence counsel and has also acted in complex subrogated recovery claims. His practice has a particular focus on financial lines, professional indemnity and directors and officers claim...
Sarah is an experienced litigator and insurance lawyer. She advises insurers, corporations and professionals on a broad range of commercial disputes, with a particular focus on professional indemnity (PI) and directors' & officers' (D&O) matters. What she does Sarah advises insurers—and acts for their insured clients—on coverage issues for complex claims under PI, D&O and management liability policies, statutory compliance, investigations and defence of statutory prose...
Cameron joined the firm in 2009 as a partner and has over 20 years’ experience in public liability, product liability, professional indemnity, contractors all risk, property and industrial special risk insurance and self-insurance. Cameron also has experience in dust diseases, intentional torts arising out of child sexual and physical abuse and bullying, commercial litigation and building and construction litigation. Cameron provides pre-contractual advice in relation to insurance polic...
Kelli has extensive experience in insurance, product liability, public liability and workers’ compensation having acted for more than 30 years on behalf of insurers (both domestic and international), corporations, government bodies and instrumentalities. In the insurance area she has vast experience in acting on liability claims, particularly product liability, public liability and workers’ compensation. She has appeared before courts, regulatory bodies, inquiries and coronial inq...
Chris is a long-standing insurance lawyer working in both our general liability and professional indemnity teams. He represents and advises professionals on claims that are brought against them and when they face regulatory or disciplinary action. What he does He works with corporate and government clients on their liability exposures and risk management issues. He also assists his insurance clients with insurance contract disputes. Who he works with Chris works with local and overseas-based ...
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