EXPERIENCE & EXPERTISE
Charlie has a particular expertise in fraud and complex commercial economic loss matters, recovery defence and double insurance matters.
He is highly regarded by his insurance clients for his ability to efficiently and clearly identify the issues in dispute and deliver succinct advice with tactical recommendations.
Charlie takes a proactive approach towards dispute resolution and explores all avenues of early resolution and mediation so that, where possible, any unnecessary litigation can be avoided.
With a focus on achieving the best results for his clients, he is guided by a philosophy that all claims are capable of negotiation. With that in mind, he has significant experience in the utilisation of all forms of alternative dispute resolution.
Charlie has also conducted negotiation workshops for clients, to assist with their training. He is widely recognised for excellence in CTP. At the Claims Assessment Resolution Service, Charlie undertakes the preparation of submissions and appears as an advocate to represent the interests of his clients.
Charlie has represented insurer interests under the new Motor Accidents Injuries Act 2017 (NSW) in the Dispute Resolution Service in relation to statutory benefits and common law disputes.
Charlie’s experience includes:
- Successfully resolved within two months of receiving instructions a five year old claim which was to be determined in the binding forum of CARS. The claimant a high earning banking executive. After instructions were received the claimant ceased work losing $3,000 per week. An urgent settlement conference resolved the claim for essentially past losses and no real allowances for the future.
- Successfully resolved a claim at mediation four months from hearing thereby avoiding substantial costs being incurred by both parties. The claimant exceeded both physical and psychiatric MAS assessments. Our investigations were able to procure the evidence to support the MAS review and further assessment applications to place her non-economic loss entitlement at risk. A thorough and repeated forensic investigation of the trail of the claimant extensive financial records revealed questionable foreign and gaming transactions. This evidence enabled challenge to credit unbeknownst to her legal representatives, leading to a heavily reduced settlement.
- Received instructions just prior to expiration of limitation period. Advised the insurer to plead contributory negligence notwithstanding prior admission. Successfully exempted claim from CARS. With the claim now statute barred and liability back in issue it successfully settled within three months of instructions.
- Dual insurance disputes related to a foot injury with subsequent amputation with ongoing medical treatment complications causing death leading to an additional Compensation to Relatives claim were successfully defended with Suncorp, as the managing CTP insurer, avoiding all liabilities
- Loss of property development profits claim for $13 million was successfully defended at CARS. Firstly, to overturn an adverse MAS decision and then persuade the assessor to make over 100 directions against a recalcitrant claimant to supply all relevant documentation. This led to a negotiated settlement for less than $500,000 where there was substantial medical support for the claim.
- A psychiatric claim was identified early as a potentially media sensitive matter and quick negotiations led to resolution. As was anticipated, the plaintiff thereafter focused the media on his legal representatives and not the insurer.
- Fraud alleged that the claimant was the driver rather than the passenger. There were credibility issues with supporting witnesses as well as unavailability due to incarceration. No independent adverse credit evidence against the plaintiff. Charlie managed to negotiate a compromise on settlement with a 50% contribution from the CTP insurer of another vehicle, and without incurring costs to the insured whom indemnity had been denied.
- GIO Australia Ltd v Robson & Anor (1997) 42 NSWLR 439 – servitium claims leading to a change in the law in the Motor Accidents Compensation Act 1999 (NSW)
- Antypas v McKeown (2001) 35 MVR 121 – $7 million claim brain damaged infant. Successfully achieved a no liability verdict in favour of defendant insurer.
- Kaplantzi & Anor v Pascoe (2004) 40 MVR 146 – overturning in the Court of Appeal a decision to exclude capital gains and superannuation from the monetary limits on the calculation of economic loss in the Motor Accidents Compensation Act 1999 (NSW).
Ranked as a Recommended Lawyer – Compulsory Third Party (Defendant) in NSW by Doyle’s Guide 2020.