Jeff Kelly

Experience & expertise

Jeff joined Moray & Agnew as a graduate in 1993 and has been a compulsory third party (CTP) specialist since 1995. He also has considerable expertise in personal injury litigation acting on behalf of insurers in both CTP and general insurance claims.

Having commenced as a graduate, Jeff has adopted and refined Moray & Agnew’s philosophy of being able to digest vast amounts of information, while at the same time efficiently and clearly identifying the key issues in dispute, before providing his clients with succinct advice and clear tactical recommendations.

He has provided legal advice to CTP insurers for over 25 years. During this time, there have been three significant legislative changes to the scheme as well as multiple minor amendments, the result of which was that Jeff has provided guidance / advice to insurers of the industry as to the practice management for CTP insurers. This entailed not only developing a close working relationship strategy with each of the CTP insurers, but also developing working relationships with all stakeholders in the industry to ensure all claims are resolved in the most efficient manner, having regard to the insurer’s commercial interests and their duties as a licensed insurer.

All matters handled by Jeff have been subject to rigorous exploration of all avenues of early resolution to ensure the avoidance of any unnecessary litigation expenses to his clients. This involves a pro-active approach towards dispute resolution and the constant utilisation of informal settlement conferences and mediation.

Work highlights

Jeff’s experience includes:

• Acting on behalf of a CTP insurer where there was no indemnity issue, successfully negotiated a concession of double insurance from the workers compensation insurer, despite an earlier denial by the workers compensation insurer. These matters have involved complex issues as to ownership of the vehicle and the identity of the ‘insured’ in the context of complicated corporate structures
• Successfully advised and resisted claims on the basis that the ‘CTP’ insurer was not required to indemnify the insured
• Successfully negotiated a verdict for the defendant in a complicated claim by a tenant against their landlord. This claim presented with a significant quantum potential in light of the extent and coverage of the burn injuries
• Successfully negotiated two claims having a total value in the vicinity of $2 million, which involved a complex claim for contribution from a public liability third party; Jeff achieved a $700,000 contribution from that third party
• In a $600,000 claim, Jeff was able to utilise the liability issues for maximum leverage before resolving the claim for $50,000
• Successfully prepared a defence, having regard to the use of surveillance footage, which resulted in the claim settling on the third day of hearing with a small contribution from our client of only $7,500, with respect to a claim having value in the vicinity of $350,000.