People

Edward Smith

Senior Associate
Insurance Law & Litigation
  • +61 3 9269 9647

Edward is a senior insurance litigator with a unique combination of specialist expertise in health law; construction and engineering; personal injury; and recently, cybercrime. His approach is thorough, considered and focussed on early resolution where possible.

Experience

Edward's primary interest is advocacy. He frequently appears in court and at mediations, representing health and construction professionals in resolving disputes.

He also regularly represents and advises medical, nursing and allied health professionals in Department of Health investigations; disciplinary proceedings; Health Complaints Commissioner disputes; and coronial proceedings in Victoria and Tasmania.

Edward is keenly interested in the emergence of cyber risk. He has presented to brokers on common coverage issues in cyber insurance claims and written articles about the mandatory data breach notification laws. He provides advice to health practitioners about potential ‘eligible data breaches’ under the Privacy Act 1988 and represents clients seeking to recover losses after they’ve become victims to social engineering cyber scams.

Career Highlights

Edward's experience includes:

  • successful defence of Melbourne Health from County Court to dismissal of High Court Special Leave Application in medical negligence proceedings
  • resolution of litigated proceedings in Supreme Court of NSW against design and construction firm for $10m after a warehouse collapse in Sydney's West
  • representation of forensic mental health service in Coronial Inquest into inpatient homicide and resolution of associated civil proceedings
  • multimillion dollar subrogated cyber insurance recovery against global financial services provider for failing to prevent fraudulent overseas money transfers
  • representation of international engineering firm in professional negligence proceedings in the Supreme Court of Tasmania arising out of the recommissioning of a former Gunns Limited mill
  • successful judgment for a pro bono client in judicial review by the Federal Court of Australia, clarifying the interpretation of recent amendments to the Migration Act 1958.