EXPERIENCE & EXPERTISE
Margarita’s personal injury practice includes the defence of actions brought against insureds by workers and the Victorian WorkCover Authority pursuant to the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), along with common law occupier liability claims brought by injured persons.
In addition, Margarita’s professional indemnity practice includes the defence of actions brought against estate agents, building surveyors, architects, engineers, landscapers, demolition and landscape contractors and builders, medical and health practitioners, accountants, migration agents, and computer programmers.
Margarita is a highly regarded negotiator and is pragmatic in her approach.
Margarita’s significant cases include:
- Acting and advising on the widely-publicised multimillion dollar personal injury and property damage claims made against the Victorian County Fire Authority, Victoria Police and Parks Victoria in light of the 2009 Black Saturday bushfires class actions.
- Acting and advising in the defence of an alleged defective fire engineering design in the Alice Springs Hospital
- Successfully recovering the full losses and damages incurred pursuant to subrogated recovery actions arising from fires that resulted in extensive damage to a premises without needing to commence proceedings in Court
- Acting and successfully defending a claim against information technology consultants in connection with allegations of misrepresentation as to the performance of software programs. Settlement was on a “walk away” basis
- Acting and successfully defending claims against a holiday resort and a hospital for personal injury. Settlements were on a “walk away” basis
- Acting and successfully defending a claim against the state government in respect of a park for business interruption brought by a commercial tenant. Settlement was on a “walk away” basis
- Acting and successfully recovering full losses pursuant to a builders warranty insurance recovery action in the Supreme Court of New South Wales on the basis of both subrogated rights and securities such as indemnities
- Acting and successfully defending claims against building professionals including architects, builders, building surveyors and engineers in relation to large scale developments pursuant to the Building Act 1993 (Vic) and the Domestic Building Contracts Act 1995 (Vic)
- Acting and successfully resolving claims on behalf of local authorities pursuant to the Water Act 1989 (Vic).