Shelly

Scott Shelly

Senior Associate

Areas of expertise

Overview

Scott has advised on the majority of product lines in the insurance industry from directors and officers liability and life science claims through to more volume driven property claims.  Scott has a particular interest in coverage issues and advocacy. The majority of his practice now involves defending professionals.

Experience

Some recent examples of Scott’s experience include:

  • Defending medical practitioners in notifications to AHPRA including for boundary transgressions, breaching drugs and poisons legislation, unsatisfactory treatment and other performance and conduct matters.
  • Defending medical practitioners against complaints to the Health Complaints Commissioner.
  • Defending medical practitioners and prosecuting for medical practitioners employment related disputes from internal grievance complaint issues through to breach of contract claims.
  • Appearing as counsel to defend an application to transfer proceedings from Victoria to New South Wales in Open Universities Australia Pty Ltd v the TAFE Commission [2017] VSC 617.
  • Defending a hospital for provision of negligent treatment, which resulted in the plaintiff abandoning proceedings.
  • Defending a fishing net supplier from a claim for loss of certain fish as a result of the nets supplied with insured and uninsured components in the Federal Court of Australia.
  • Defending a roofing contractor for a claim for allegedly defective roofing.
  • Advising on policy coverage for the loss of use of certain cancer fighting antibodies by a research and development company where the claim was for over $4M.
  • Defending planning consultants against a claim for allegedly defective advice in the preparation, advice and lodging of a planning application.
  • Conducting a recovery with insured and uninsured losses of over $1.5M for fire damage to a logging machine.
  • Defending numerous real estate agents from claims by tenants that they negligently failed to inspect, maintain or report the need to maintain properties managed by the relevant real estate agents.
  • Providing coverage advice in circumstances where a director of an insured made alleged defamatory remarks against a previous general manager of the insured.
  • Drafting a product contamination policy wording for a Lloyd’s syndicate.
  • Advising on whether s.54 of the Insurance Contracts Act 1984 applied in circumstances where the insured had omitted to include a drone pilot as an authorised pilot under the relevant policy.
  • Acting for insured Owners Corporations regarding them being sued by lot owners for, among other things, breach of their statutory duties resulting in claimed losses of over $2M.
  • Providing claims and recovery advice in numerous workers compensation claims.

 

Scott is a committee member of the Vic Claims Discussion Group Inc., a member of the Young Insurance Professionals, Australian Professional Indemnity Group, Australian Insurance Law Association and the Law Institute of Victoria.

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