EXPERIENCE & EXPERTISE
Elsbeth has extensive litigation experience acting for individuals and corporate entities in various professional groups, including construction professionals (engineers, architects, building designers and contractors) accountants, financial planners, auditors, real estate agents, mortgage brokers, solicitors and barristers.
She provides coverage advice in relation to a broad range of policies including professional indemnity management liability policies, product and public liability policies and well as general insurance policies.
Elsbeth has acted as coverage counsel for insurers, including in first party claims and disputed claims under professional indemnity policies plus project-specific and alliance policies.
She has experience in the regulatory field acting for certifiers and engineers in disciplinary investigations and proceedings.
Elsbeth has a particular focus on construction industry matters, having acted in civil claims and disciplinary proceedings involving engineers (geotechnical, structural, mechanical and civil), architects/building designers, certifiers, quantity surveyors and contractors. The subject matter of the various projects include commercial buildings, warehouses, sporting stadiums and residential dwellings. Instructions in these claims first involve providing detailed policy coverage advice.
Elsbeth’s experience includes:
- Resolving a contractual dispute involving a building contractor’s rights under a novated design contract. This matter involved careful consideration of the building contractor’s rights and obligations under a Design and Construct contract with the developer.
- Providing indemnity advice in relation to an alliance policy involving a large interstate infrastructure project and claims in excess of $100 million. This matter included a dispute between the insured and insurers as well as disputes between London insurers. Three policy years were involved over varying policy years that applied to different markets over multiple layers in each year.
- Resolving a multimillion dollar claim by an insured against an insurer under a project-specific policy involving a large Queensland plant. This claim also involved a dispute between policy years regarding policy response.
- Defending a claim against an administrator under a Deed of Company Arrangement in (DOCA) for costs by the Australian Taxation Office involving declarations regarding the administrator’s conduct in the finalisation of the DOCA
- Acting for structural engineers in various contractual claims relating to various projects, including residential dwellings, commercial buildings, warehouses and sporting stadiums. Instructions in these claims first involve providing policy coverage advice.
- Acting for building surveyors/certifiers in QBCC investigations (and formerly QBSA investigations) including making submissions in response to complaints and later advising on rights of review of decision.
Recognised by the peer-reviewed Best Lawyers® in Australia list each year from 2017 to date.