Skip to main content
article thumbnail

Scott Graham

Partner

Sydney

+61 2 9234 4551

Scott has been with Moray & Agnew since completing his Law degree. He has specialised in compulsory third party (CTP) insurance since 1995 and acts for all Australian CTP insurers.

EXPERIENCE & EXPERTISE

Scott’s broad range of experience in such diversified fields at all levels of both state and federal courts has given him an array of experience and expertise to draw upon.

He has appeared in all civil jurisdictions of the courts in NSW, including the District and Supreme courts, the Court of Appeal and the Administrative Law Division. He has successfully defended two applications to the High Court.

He has appeared extensively in CARS matters, in addition to other ADR avenues, including mediations and settlement conferences.

Scott has extensive experience in drafting of CARS, MAS and DRS submissions.

As part of the medical assessment process of CTP claims, Scott and his team regularly draft both applications and replies to requests for assessments of whole person impairment and other disputes at MAS and DRS in addition to applications for reviews of such decisions where appropriate.

He has had significant success in overturning unfavourable MAS decisions, including obtaining a costs order against the Regulator.

He has extensive experience in administrative law actions involving decisions from CARS and MAS, both as applicant and respondent.

In addition to more traditional litigation, Scott has extensive experience in other areas of alternative dispute resolution including mediation and informal settlement conferencing.

He has appeared extensively as an advocate in the statutory claims assessment process under the Motor Accidents Compensation Act 1999 (NSW) and more recently in the Motor Accidents Injuries Act 2017 (NSW).

As part of his practice, Scott has regularly handled catastrophic claims involving estimates in excess of $1 million. He has acted in claims involving brain injuries, traumatic amputations of limbs, Pure Nervous Shock, psychiatric injuries / PTSD and complicated orthopaedic injuries. He has regularly handled claims under the Compensation to Relatives Act 1897 (NSW), claims involving reduction of life expectancy and claims of total incapacity.

ACCOMPLISHMENTS

Examples of Scott’s experience include:

  • Acted on behalf of CTP insurers and successfully negotiated concessions of dual insurance from a workers compensation insurer
  • Acted on behalf of CTP insurers where indemnity issues have been identified and used to secure heavily compromised settlements, or resulted in the CTP insurer not being required to indemnify the insured at all
  • Successfully negotiated verdicts for the defendant in numerous actions brought by plaintiffs where there were liability issues, in addition to recovery actions by workers compensation insurers and claims for contribution made by other CTP and non CTP insurers
  • Recently negotiated a favourable settlement in a matter where an infant passenger in a vehicle suffered a hangman’s fracture. This included a 45% contribution from the relevant road authority
  • Scott regularly conducts periodic file reviews and one-off special projects.

Expertise

Qualifications

  • Bachelor of Laws, 1990, Sydney

Specialist Accreditations

  • Accredited Specialist in Personal Injury Law

Memberships

  • Law Society of New South Wales