Skip to main content
article thumbnail

Christopher Michael

Partner

Sydney

+61 2 9234 4654

Christopher has acted for workers compensation and public liability insurers for over 30 years, 20 of those as a Managing Partner before joining Moray & Agnew in June 2021.

EXPERIENCE & EXPERTISE

Christopher is highly experienced in relation to workers compensation, public liability and medical negligence matters, complex claims, including catastrophic injuries, common law and Work Injury Damages claims, s151Z recoveries, and appellate work. Christopher has a wide and diverse range of experience in litigated matters, including commercial disputes, CTP claims and medical negligence litigation.

He leads an experienced team, ranked #1 by icare audit.

Christopher regularly delivers seminars and conducts training sessions for claims personnel and has produced publications that have been used as a training resource by Australia’s largest workers compensation Claims Manager.

ACCOMPLISHMENTS

  • Nominal Defendant v Hi-Light Industries Limited [2005] HCA Trans 386 (27 May 2005) – as a consequence of this decision, employers are now able to recover, from the CTP Nominal Defendant, compensation paid for injuries resulting from the negligence of unidentified drivers. This has resulted in a substantial financial benefit to the NSW Workers Compensation Scheme
  • Maricic v Registrar, Workers Compensation Commission [2011] NSWCA 42 – this decision confirmed that where a member of a MAP conducts an examination of the worker and makes adverse findings concerning credit/consistency of presentation, there is no requirement that the worker be given an opportunity to address those findings before the MAP makes its decision, provided such issues have previously been raised
  • Bostik Australia Pty Ltd v Liddiard & Anor [2009] NSWCA 16 – there is no duty of care for an occupier in respect of the system of work adopted by a labour hire worker in the absence of a degree of control or other factors in relation to the condition of premises. This decision is also now a leading authority on when a cause of action is ‘discoverable’ for the purposes of ss.50(c) & (d) of the Limitation Act 1969
  • J C Equipment Hire Pty Limited v the Registrar of the Workers Compensation Commission of NSW [2008] NSWCA 43 – this was a successful WorkCover-approved test case, determining the correct procedure to follow for Threshold Disputes in the context of claims for Work Injury Damages. The decision also determined the correct operation of Medical Assessment Certificates
  • Riverina Wines Pty Ltd v Registrar of the Workers Compensation Commission of NSW & ors [2007] NSWCA 149 – this decision clarified the role of the registrar when determining Applications for Leave to Appeal a Medical Appeal Panel
  • Estate of the Late M T Mutton by its executors and R W Mutton t/as Mutton Bros. v Howard Haulage Pty Limited [2007] NSWCA 340 – this decision reinforced the limitations on an employer’s duty of care for injuries sustained at premises under the control of third parties. The decision is of particular importance and benefit to the transport industry. The decision also established that employers joined to proceedings by non-employer tortfeasors are generally not liable to contribute to the injured worker’s costs of bringing common law proceedings
  • Jones v Registrar, Workers Compensation Commission [2010] NSWSC 481 – this decision considered the extent of an AMS’s obligation to give reasons and determined it not necessary to describe clinical findings and the methodology leading those findings in detail, provided the clinical basis of the assessment is reasonably clear
  • Corbett v Toll Stevedoring Pty Limited & ors [2007] NSWSC 749 – restricts workers’ entitlement to costs of proceedings for Work Injury Damages where there is no Mediation

Expertise

QUALIFICATIONS

Diploma of Law

SPECIALIST ACCREDITATION

Accredited Specialist in Personal Injury Law

Memberships

Law Society of NSW

Law Council of Australia