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John Cooper

Partner

Sydney

+61 2 9234 4517

John heads Moray & Agnew’s Compulsory Third Party national practice group.

John has 35 years’ experience in providing service to the insurance industry and managing all forms of Compulsory Third Party (CTP) claims. A strong focus on the insurer’s needs has always characterised John’s approach to claims management and work for his clients.

EXPERIENCE & EXPERTISE

John is a proactive proponent of alternative dispute resolution, drawing on his well-honed strategic skills and instincts: he directs efforts to achieve the best outcomes from ethical, commercial, reputational, and practical perspectives.

John was instrumental in introducing bulk settlement conferencing, and was one of the pioneers of, and advocate for, mediation in CTP claims. The introduction of the Motor Accidents Compensation Act 1999 (NSW) saw an increase in direct claimants. John assisted many insurers with introduction of ‘plain English’ correspondence to assist those claimants. He has since developed a specialty in dealing with direct claimants on behalf of insurers in view of the particular type management that is required.

At the same time, the introduction of the Claims Assessment Resolution Service (CARS) saw a significant change in the manner in which information was collected and placed before an Assessor. Meeting those changes, John began to appear as before CARS and ran to completion many of the initial matters.

The introduction of the Motor Accident Injuries Act 2017 (NSW) saw significant changes in the law surrounding CTP claims. John advised insurers about the act and provided training for Insurers including their Internal Review teams on proper decision making.

John has represented the interests of major insurers in all Courts and Tribunals within NSW, as well as managing claims on their behalf in Queensland, the ACT and Tasmania.

ACCOMPLISHMENTS

John’s experience includes:

  • A claim where liability was admitted and the plaintiff had an entitlement to non-economic loss; damages in excess of $1.5 million were sought. Elements of fraud were established, which lead the court to reject the substantial claims for economic loss and care. The final judgment was less than $50,000 and the plaintiff faced an adverse costs order in view of a well-placed offer of compromise.
  • Acting for the insurer in Rahme v MAA and Anor (2009), which dealt with the obligations of a Review panel to provide proper reasons. A subsequent review panel determined the claimant had a significant psychiatric injury and found WPI in excess of 10%. Elements of fraud were established which saw the case settle during the hearing on the basis of a verdict for the defendant.
  • Working closely with insurers after a proliferation of claims were lodged on behalf of infant claimants who were said to have sustained pure psychological injury from motor accidents. Systems were devised to accurately identify which of those claims did or did not have merit. A clear strategy was then employed to manage those which were without merit and all resolved by John were without financial benefit to the claimant.

Expertise

Qualifications

  • Bachelor of Laws, 1985
  • Master of Laws, 1991
  • Executive Master of Business Administration, 2010

Specialist Accreditation

  • Accredited Specialist in Personal Injury Law, 1992

Memberships

  • Law Society of New South Wales
  • Law Society of Queensland