Christopher Fitzpatrick

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Consultant

+61 7 3225 5917 +61 448 155 927

cfitzpatrick@moray.com.au

Christopher is a Consultant in our Professional Indemnity Team for Health Law, government torts, and professional negligence. He has practiced in litigation for 40 years, including 31 years as Advocate, at the Queensland Private Bar.

EXPERIENCE & EXPERTISE

Christopher has an extensive practice in complex litigation in the Supreme and District Courts, Queensland Court of Appeal, Coroners Court, and the High Court, including Professional (with special interest in Medical) negligence, Insurance, Trusts and Estates, Road authority claims, Police torts, Historic sex cases, Education and Corrective Services Torts, and Wrongful death.

ACCOMPLISHMENTS

Medical Negligence: Professional Negligence

(Supreme Court of New South Wales, Sydney) Daniel Mestergiovanni v Drs Sadlier, Bastable and State of Queensland (representing Queensland Ambulance Service) – $6,000,000.00 damages claim for alleged employer and medical negligence resulting in the 30 year old plaintiff sustaining cauda equina syndrome, and paraplegia
BS8202/17 Bologna v Cairns & Hinterland HHS – Appearing for the HHS, from which $6.9M damages claimed by the plaintiff following emergency surgery at Cairns Hospital to address severe perforated diverticulitis, but whose surgical outcome was complete motor paraplegia
Masson v Queensland [2018] QSC 16210-day trial of liability in which I appeared for Queensland Ambulance Service Following the dismissal of the Plaintiff’s claim at trial , the case went on appeal to the Queensland Court of Appeal (2019 QCA 80), attracted a grant of Special Leave to the HCA (2019 HCA Trans. 233), and went before the HCA Full Bench on appeal, where the State’s appeal was successful: (Queensland v Masson [2020] 381 ALR 560)
S430/13 W Donald Milligan Pty Ltd v Liquid Fertilizer Pty Ltd – complex claim for professional negligence on QSC Supervised List – Phosphonate spraying of commercial farm – destruction of avocado orchard – causation and damages
BS3190 of 2011 Stewart v Ellerman & Ors – $3M professional negligence claim against defendant’s solicitors by the plaintiff, their former client, alleging negligence by the solicitors in their conduct of an action for nuisance whereby plaintiff’s sugar cane farm was rendered nonoperational through being contaminated by operation of a neighbouring prawn farm.

Historical Abuse Claims

Advising and appearing for claimants and respondents in historical abuse claims arising in educational, correctional, and sporting club settings.

Commissions of Inquiry

Appearing in numerous health-related Royal Commissions, investigations, and coronial inquests, as well as other coronials of note, not health-related.