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Peggy Misztal

Senior Associate

Brisbane

+61 7 3225 5913 0490 432 974

Peggy has worked exclusively in the firm’s compulsory third party team, with the occasional public liability work, since January 2008. She has experience in unlitigated and litigated claims as a defendant lawyer representing both private and government CTP insurers in personal injuries claims.

EXPERIENCE & EXPERTISE

Peggy commenced employment with Moray & Agnew in January 2008 as a fulltime paralegal.

Prior to admission, Peggy had four years’ experience as a paralegal assisting a senior associate in the defence of personal injuries claims in CTP insurance and public liability insurance.

Peggy was admitted as a lawyer in March 2012. Since admission, Peggy has been acting as a defendant lawyer representing both private and government CTP insurers in personal injuries claims, worked exclusively in the firm’s CTP section.

Peggy is familiar with the need to proactively manage claims and to resolve matters as quickly as possible. To date, Peggy has managed to resolve 100% of her claims using alternative dispute resolution methods.

ACCOMPLISHMENTS

Notable achievements during Peggy’s legal career include:

  • Advising a client on a CTP claim concerning the claimant using the vehicle as a weapon in a road rage incident. During the incident, the claimant was unintentionally injured by the insured driver in the melee. The client was advised on the issue of the reduced standard of care owed by the insured driver to the claimant. The claim was subsequently settled for a nominal sum.
  • Advising a client on a CTP claim involving fraud issues. Successfully obtained ex parte orders suppressing disclosure of damaging evidence of the plaintiff work activities prior to trial.
  • Graham v Welch [2012] QCA 282 – assisted in the successful appeal of a public liability claim against decision of the Queensland District Court. The appeal was allowed and the plaintiff failed on liability.
  • Smith v Body Corporate for Professional Suites Community Title Scheme 14487 [2012] QDC 49; [2013] QCA 80; [2013] HCATrans 284 – assisted in successfully defending a public liability personal injury matter. The plaintiff ultimately applied for special leave to appeal at the High Court, which was unsuccessful. The plaintiff filed on liability.

Peggy also worked on secondments for both private and government CTP insurers, acquiring experience and knowledge from the insurers’ prospective.

Expertise

Qualifications

  • Bachelor of Business (Accountancy), 2007, Queensland University of Technology
  • Bachelor of Laws, 2010, Queensland University of Technology
  • Graduate Diploma of Legal Practice, 2011, Queensland University of Technology

Memberships

  • Queensland Law Society
  • Young Insurance Professionals