People

Edward Smith

Edward Smith Profile Photo
Special Counsel
Insurance Law & Litigation
Edward Smith Profile Photo

Edward is an insurance and litigation specialist with expertise in health law, cyber, privacy and IT professional liability, construction and engineering, and personal injury, as well as a broad pro bono practice.

Experience

Edward has an established professional indemnity and personal injury practice and regularly acts for insurers in coverage disputes as well as defence counsel for a wide range of professionals in the health, IT and construction industries.

Edward's expertise includes litigated civil proceedings in state and federal courts, class action proceedings, regulatory and disciplinary proceedings, and coroner's inquests.

Edward also provides cyber and privacy incident response assistance, including engaging forensic IT experts and drafting notifications to the OAIC and affected individuals. He is instructed both to defend IT professionals in third-party claims and also to pursue subrogated recovery actions with respect to data loss and cyber fraud.

Career highlights

Edward's career highlights include:

  • Victorian Court of Appeal judgment in favour of a metropolitan public health service in medical negligence proceedings regarding reliance on "usual practice" evidence
  • subrogated cyber insurance recovery against a global financial services provider for failing to prevent fraudulent overseas money transfers
  • providing coverage advice to reinsurers with respect to multiple class action proceedings brought against the State of Victoria for actions taken in response to COVID-19
  • representation of an engineering firm in Supreme Court of Tasmania proceedings arising out of the recommissioning of a former Gunns Limited mill
  • Full Federal Court of Appeal judgment in favour of a pro bono client, clarifying the interpretation of Medevac provisions in the Migration Act 1958