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Toby Rosenthal

Special Counsel


+61 8 6317 0449 0418 971 134

Toby has specialised in defendant personal injury litigation, particularly motor vehicle claims, since admission to practice in 1999.


Toby has provided innumerable comprehensive advices on liability and quantum for general personal injury claims, dependency claims arising from fatal accidents, nervous shock claims and catastrophic claims. When providing her advice, Toby pursues rigorous investigation of the factual and medical evidence to maximise opportunities for early resolution of claims, and to minimise potential areas of exposure.

Toby is acknowledged for her comprehensive expertise in this area of law, including effective handling of matters involving complex issues of medical causation as well as providing comprehensive advice on liability and quantum for dependency claims arising from fatal accidents, nervous shock claims, catastrophic and general personal injury claims. She is renowned for providing timely, pro-active claims management advice to her clients based on the principles of early intervention, accurate advice and effective risk management.

Toby prides herself on her ability to effectively analyse the individual nature of each claim, to develop a strategy based on the strengths and weaknesses of the evidence, and to balance these considerations in a commercial context. Toby appreciates that when early resolution cannot be achieved, meticulous and timely review of the claim (including providing recommendations for funding of treatment, rehabilitation, requests for advances on economic loss, and obtaining further factual and medical evidence) is paramount to securing an optimal settlement.

Toby has a particular strength in matters involving issues of complex medical causation, and regularly provides formal and informal advice to the Insurance Commission in respect of ongoing management of claims involving pre-existing medical conditions, concurrent injuries and multiple tortfeasors.

Toby promotes informal resolution of claims where appropriate, and settlements are regularly and consistently achieved within the range recommended in her advices. Toby has also proven her efficacy in securing commercial settlements at innumerable pre-trial conferences in respect of a wide range of claims.

Toby is known for her rigorous approach to matters involving complex issues of causation and detailed analysis of the medical evidence. Toby is highly skilled at identifying the barriers to resolution of a claim and is deeply experienced in the pursuit of evidence to minimise those barriers and secure a timely and commercial resolution. She utilises a risk management framework in her approach to providing advice, negotiating and litigating her matters.



  • Bachelor of Laws, 1998, University of Western Australia
  • Bachelor of Arts, 1998, University of Western Australia


  • Australian Insurance Law Association
  • Law Society of Western Australia
  • WA Society of Jewish Jurists and Lawyers