Michael Holmes

Michael has worked in insurance litigation since 1988. During this time he has managed all facets of insurance claims, with emphasis on the defence of public liability, product liability and professional indemnity actions.

Michael has extensive expertise in bodily injury claims arising out of product liability, public liability and recovery claims by compensation insurers. He has dealt with high frequency claims from shopping centres, cleaners and hotel associations. His property damage experience encompasses building claims over a range of domestic and industrial constructions.

He has dealt with a broad range of claims involving professionals in the building and construction area as well as in the financial services industry. These claims have dealt with property damage, personal injury and financial losses.

Michael regularly advises sporting clubs, community services and care services on matters such as public liability, volunteers' liability, property damage and employers liability.

Michael is a member of AILA and Australian Professional Indemnity Group.

Relevant Experience

Professional Indemnity

Michael has recently advised London underwriters on a claim against an accountant for allegedly negligent advice in relation to taxation arrangements. This has involved obtaining expert opinion on the accountant's role and liaising with the Taxation Office.

He has also been involved in numerous claims against land surveyors in relation to errors in locating title boundaries and in set out of buildings.

Liability

Michael is involved in a number of claims against schools ranging from accidents to students, allegations of failure to take into account a student's intellectual disability in devising an education program; to alleged bullying resulting in an attempted suicide. He also advises care facilities on their liability both as an employer and a service provider.

He also has extensive experience in claims involving retail centres and cleaning companies.

Michael has advised a number of sporting clubs on liability matters arising from personal injuries, occupiers' liability and duties/liabilities of volunteers. Recently one of his matters ran for a number of weeks in the Victorian County Court and is currently on appeal to the Supreme Court.

Contract Works

Michael's experience includes claims against architecture designs and against building surveyors for inappropriately issuing building and occupancy permits. He also advised the construct works insurer in the complex matter of Toomey v Scolaro Concrete & Ors, that ran for weeks in the Victorian Supreme Court.
 
 
 
 
   
Michael Holmes
Principal

  • LL.B
  • Admission to practice 1983
  • Rennick & Gaynor 1982-1985
  • VicRoads 1985-1987
  • DLA Piper 1989-1995
  • Terrill & Holmes 1995 -

T+61 3 9629 3700
E[email protected]

Practice Areas
  • Accountants
  • Care Facilities Liability
  • Construction Liability
  • Coverage Advice
  • Directors and Officers Liability
  • Educational Institution Liability
  • Employment Practices/
    Statutory Liability
  • Engineering Professionals
  • Financial Institutions/
    Planners Liability
  • Insurance brokers and agents
  • Licensed hotels and
    sporting clubs
  • Medical Malpractice
  • Organisation Liability
  • Product Liability
  • Public Liability
  • Real estate agents
  • Retailers
  • Statutory Liability
  • Surveyors
 
   
  Totally focused on insurance law
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