Conference Speakers

The Honourable Marilyn Warren A.C.
Chief Justice of the Supreme Court of Victoria

Chief Justice Warren was appointed as Chief Justice of the Supreme Court of Victoria in November 2003. She commenced her legal career in the Victorian Public Service and was admitted to practice in 1975.

She was later appointed an assistant chief parliamentary counsel. Her Honour signed the Roll of the Victorian Bar in 1985 and practised predominantly in the areas of administrative law, commercial law and town planning. In 1997 she was appointed Queen’s Counsel. In 1998 she was appointed to the Supreme Court of Victoria and presided in all jurisdictions.

In June 2005, the Chief Justice was made a Companion in the Order of Australia (A.C.). She is President of the Victorian Law Foundation, Chair of the Judicial College of Victoria, former Chair of the Council of Legal Education and former Chair of the Victorian Institute of Forensic Medicine.

She is also the patron of Victorian Women Lawyers, the Victorian Women Barristers’ Association and the Victorian Court Network.

The Chief Justice assumed the role of Lieutenant-Governor of Victoria on 7 April 2006.

The Honourable Justice David Byrne
Supreme Court of Victoria

His Honour practised as a barrister from 1965 until his appointment to the Bench in August of 1991. He was appointed Queen’s Counsel in 1981.

In his predominantly commercial practice his Honour has had a long interest in building and construction law and has practised in that field in all States and Territories in Australia.

He was for many years author of the Australian editions of Cross on Evidence and is the Victorian Editor of the Halsbury’s Laws of Australia. He is a member of the editorial advisory board of the International Construction Law Review.

He has also written extensively in the field of building claims and arbitration and wrote the original version of the titles Building and Construction Law and Arbitration for Halsbury’s Laws of Australia. His Honour is also very interested in the design and construction of buildings.

His Honour is presently the Principal Judge in the Commercial and Equity Division of the Supreme Court.

Susan Harwood
Attorney at Hoehm, Brown, Fischer, Harwood, Kelly & Scheihing

Susan B. Harwood is the managing partner of Boehm, Brown, Fischer, Harwood, Kelly & Scheihing, P.A.’s Orlando, Florida office. She concentrates her practice in the areas of first and third party insurance coverage disputes.

Ms. Harwood has been a member of the Federation of Defense and Corporate Counsel (“FDCC”) since 2001. She is chair of the Property Insurance Section and currently serves on the FDCC’s Admissions, Diversity and Defense of the Judiciary Committees.

Also a member of the Tort Trial and Insurance Practice Section of the American Bar Association (TIPS), Ms. Harwood has served on the Women and Minority Involvement Committee, as chair of the Property Insurance Law Committee and on the editorial board of The Brief, a TIPS publication.

Ms. Harwood currently sits on the board of directors of the Windstorm Insurance Network (WIND), an organisation dedicated to promoting awareness of windstorm insurance issues through the application of educational initiatives. She was convention chair for WIND’s annual 2006 conference held in Orlando, Florida.

Ms. Harwood was admitted to the Florida Bar in 1983. Ms. Harwood is “AV” rated by Martindale-Hubbell. She is also a Certified Circuit Mediator. She attended Wake Forest University (B.A. 1979) and Wake Forest University’s School of Law (J.D. 1983).

Stephen Fontana
Assistant Commissioner
Victoria Police

Stephen has been a member of Victoria Police for over 34 years and has spent the majority of career as a criminal investigator; working at busy metropolitan Criminal Investigation Units, in the Crime Squads and on a number of high profile investigation task forces. He also spent a number of years working at the Ethical Standards Department leading investigations into complaints against police and police corruption.

He was promoted to Assistant Commissioner in February 2008, taking charge of the Counter Terrorism Coordination and Emergency Management Department, which also has responsibility for Major Events Planning, Licensing Services (Regulation of Firearms, Private Security & Controlled Weapons) and the Razon Task Force (Regulation of Liquor Licensing).

He was awarded the Australian Police Medal in the Australia Day Honours in 2002, and is the recipient of the National medal and 1st clasp, and Victoria Police Service Medal for 30 years service.

Ian Lavin
Chartered Loss Adjuster, National Director and National Catastrophe Response Coordinator

Commencing his Insurance career in New Zealand in 1973, Ian was transferred to Australia and in 1990 moved from underwriting to Loss Adjusting in Rockhampton Queensland.

Building a successful operation covering central Queensland, Ian joined the McLarens group in 1997 and in 2003 relocated to Brisbane to take over responsibility for all Queensland operations.

Over these years Ian has been on the ground adjusting and managing teams of adjusters assisting customers of Insurers overcome the effect of cyclone and flood. Most recently TC “Larry” - Innisfail (Qld) in March 2006 and Ingham (Qld) district February 2009.

Peter Nickerson
General Manager, Berkley Re Australia

Peter is presently General Manager of Berkley Re Australia which was newly licensed on 20th December 2007.

Other recent positions include Head of Client Management ANZ for the Swiss Reinsurance Company and Chief Executive Officer of Employers Reinsurance Corporation ANZ a position he held for 8 years.

Peter’s career spans 37 years in insurance and reinsurance after starting with the Government Insurance Office of NSW in 1972. Since 1979 Peter has spent all of his time in the Reinsurance industry including a 5 year stint as a reinsurance broker.

Peter is an Affiliate of the Australian and New Zealand Institute of Insurance and Finance and is a Justice of the Peace. Peter has also served on numerous industry committees and regularly speaks at seminars and conferences. Peter has held numerous Directorships including Hallmark Life and General Insurance Companies, Genworth Financial, ERC Asia Pacific, Dexta Corporation, Vianeti etc.

Peter is married with three daughters and enjoys golf, walking, reading, movies and travelling.

Professor Greg Reinhardt
Executive Director, Australian Institute of Judicial Administration

Greg Reinhardt graduated from the Law School at the University of Melbourne in 1976 with the Degrees of LLB (Hons) and BA. He was articled in the firm of Ellison, Hewison & Whitehead (which became Minter Ellison) rising to Partner in 1982 and remained with the firm until 1991 specialising in commercial litigation with emphasis on the law of insolvency.

From April 1995 to March 1997 he was Academic Secretary of the Victorian Attorney-General’s Law Reform Advisory Council.

In February 1997, Greg took up the appointment as Executive Director of the Australian (now Australasian) Institute of Judicial Administration, affiliated with Monash University.

He is the editor of the Journal of Judicial Administration and the Australian Insurance Law Bulletin. He teaches civil procedure, evidence and various insurance subjects at Monash and Melbourne Universities.

He is a winner of the AILA Insurance Law Prize (2000).

David Leggatt
DLA Philliips Fox

David is a specialist litigation and insurance lawyer, having received specialist accreditation in commercial litigation with the Law Institute of Victoria in 1998. He has been a partner at DLA Phillips Fox in the litigation team since 1 July 2000.

David has 16 years insurance litigation experience, acting in a wide range of contractual disputes and claims for economic loss.

He has extensive experience in all legal jurisdictions in Victoria as well as the High Court of Australia.

David is an engaging and entertaining speaker. Clients value his ability to get to the heart of the issues and quickly analyse complex problems, identifying clear strategies and outcomes.

Recent experience

• Application for special leave to appeal to High Court in Hookey v Paterno.• Partner responsible for successful defence in Full Court of the Federal Court decision of Finishing Services Pty Ltd v Lactos Fresh Pty Ltd.
• Legal adviser to Ceramic Fuel Cells in relation to recovery of losses on a portfolio of synthetic CDO securities (world first claim against the ratings agencies).
• Presenter of risk management module to all professional members of the Australian Property Institute.
• Adviser to insurers of Village Roadshow Pictures in relation to claims arising from the multi-million dollar litigation involving Peter Ziegler.
• High volume practice of liability claims representing real estate agents, dentists, oral surgeons and property valuers.
• Successful dismissal application in Supreme Court case of 428 Little Bourke Street v Karidis Corporation.

Recent Publications

• Legalwise seminar on financial reporting obligations in a declining market.
• Legalwise seminar on “Litigating Contract Disputes”
• Internal seminar presentation and paper on assessing loss and damage in contract disputes and claims under the Trade Practices Act.

David McKenna
Partner, Jarman McKenna

David is a partner of the firm Jarman McKenna, an insurance and commercial boutique practice in Western Australia. He was admitted to practice in Western Australia in 1980 and since 1987 has practised solely in the area of insurance litigation.

He has a wide breadth of experience in that field and has regularly appeared in the workers’ compensation jurisdiction, District, Supreme and Federal Courts and the High Court. He has been involved in a number of significant landmark cases in Western Australia involving local council liability and asbestos litigation.

He currently practises in the area of property, transport, liability, asbestos litigation and professional indemnity insurance.

David is married with 2 children. His interests include spending time with family and friends, travelling, yachting, paddle boarding and cycling.

Tony Horan
Victorian Bar

Tony is a barrister at the Victorian Bar. For the past 20 years, Tony has specialised in commercial litigation primarily in insurance, building and construction, professional negligence and misconduct.

He has represented and advised a range of professional indemnity and liability insurers, building professionals, statutory authorities and local, state and federal government bodies.

Tony has advised and assisted insurers and government in the drafting of insurance policies, and has negotiated and drafted construction and consultancy contracts for contractors, proprietors and consultants, both in Australia and overseas. He has also advised government on law reform, particularly in relation to proportionate liability, insurance as it affects the construction industry, and the regulation of building surveyors.

Tony is a Senior Fellow of the University of Melbourne Law School, and a Member of the Victorian Civil and Administrative Tribunal Legal Practice List.

In 2007, Tony produced a report ‘Proportionate Liability: Towards National Consistency’ for a working group established by the Standing Committee of
Attorneys-General to review the current national legislative framework on proportionate liability.

Tony was for 10 years a partner at DLA Phillips Fox.

David Miller
Colin Biggers & Paisley

David Miller is a Partner in both the Insurance Group and the Commercial Dispute Resolution Group.

David’s practice includes product liability matters with a particular emphasis on asbestos-related claims. He also is experienced in corporate governance and risk management (including compliance and regulator actions), Trade Practices Act issues, and commercial and public liability disputes.

Prior to joining CBP, David was Legal Counsel for a major Australian industrial company. In that role he managed the defence of asbestos related claims in various Australian jurisdictions and in the United States. David’s in-house and overseas experience has provided him with a deep understanding of developing trends in tort law and the priorities for corporate clients in the litigation context.

David was admitted to practise in NSW and federal courts in 2000. David joined CBP in 2008.

Memberships:
Law Society of NSW;
National Product Liability Association;
Australian Corporate Lawyers Association;
US Defense Research Institute;
Australian Insurance Law Association.

Duncan West
Chief Executive Officer, CGU

Duncan West, BSc (Hons). Duncan has more than 25 years’ experience working in the insurance industry. He began as Chief Executive Officer, CGU Insurance, in January 2008, with responsibility for IAG’s Australian commercial insurance operations, sold through intermediaries and business partners. This includes commercial property, commercial motor and rural insurance, workers’ compensation, public liability and professional insurance.

Prior to joining CGU, Duncan was the Chief Executive of Vero, the intermediated insurance business of Promina. He previously held senior positions within Royal & SunAlliance in the UK and India.

Duncan is on the Board of NTI and is president of ANZIIF.

Bernard Murphy
Maurice Blackburn

Bernard Murphy is the Chairman of Maurice Blackburn and is the senior principal of its Major Projects Department, which is Australia’s largest class action legal practice.

Bernard has 29 years experience in litigation practice and has been involved in a number of major cases. He has acted in, supervised or advised on the conduct of 24 class actions, including 11 shareholder or investor class actions and 4 cartel class actions. He has lectured at Melbourne, Monash, Stanford (USA) and Oxford (UK) Universities regarding class action litigation.

Bernard’s major cases include:

• The Aristocrat class action in the Federal Court, which included claims made on behalf of some of Australia’s largest institutional investors. In August 2008 the case settled for $144.5 million, the largest class action settlement in Australian legal history;

• The GIO class action in the Federal Court, which is the second largest class action settlement in Australian legal history and the first successful shareholder class action in Australia. In August 2003 in a breakthrough for corporate governance the case settled for $112 million;

• The Vitamins class action in the Federal Court, which is the third largest class action settlement in Australian legal history, and the first successful cartel class action in Australia. In September 2006 in a breakthrough for business and consumer victims the case settled for $41 million.

He is currently acting in or supervising the Centro shareholder class action and the Kilmore East – Kinglake bushfire class action.

John Walker
IMF

John Walker is Executive Director of IMF (Australia) Ltd and is based in the Sydney office.

John’s educational qualifications include a Bachelor of Law obtained from Sydney University in 1985 together with a Bachelor of Commerce from Melbourne University with majors in accounting, economics and commercial law.

With over 10 years prior experience in commercial litigation, John has developed highly specialised skills over the last 10 years in providing funding for and managing insolvency, commercial and multi-party litigation.

Being instrumental in the formation of IMF, John provides innovative and progressive direction for IMF, together with material involvement in case selection and management on a daily basis, striving for the best possible outcome for every funded matter.

Michael Landvogt
Partner, Insurance Law & Litigation

Michael heads Lander & Rogers’ Insurance Law & Litigation group. He acts for insurers, underwriters and brokers in all aspects of insurance law and his reputation as a provider of authoritative legal services in this field is well-established throughout Australia and the U.K.

Michael and his team are leading insurance lawyers in Australian class actions, acting for the lead insurers in GIO and Aristocrat. They are also involved in a number of major current exposures arising from the recent financial troubles including MFS/Octaviar, Timbercorp, Oz Minerals, Babcock & Brown and Basis Capital. Michael is a member of the Federal Court Class Action User Group chaired by Justice Finkelstein, which concerns class actions in that jurisdiction.

Michael’s extensive practice in insurance law and litigation includes professional indemnity, financial and commercial risks, directors’ and officers’ liability, property covers, public liability, product liability and risk management. He has been associated with some of the largest insurance litigation in the country, including test cases brought to the High Court to resolve a $300 million dispute for the Insurance Council of Australia.

Guest Artists

Claire Hooper
Comedian & Writer

Bright new comic Claire Hooper is quickly becoming recognisable to Australian audiences, through an hilarious stint as Paul McDermott’s cheeky sidekick on ABC TV’s The Sideshow. You might also have spotted her as a member of the negating team, with Stephen K Amos and Greg Fleet, in the 2007 Melbourne International Comedy Festival’s Great Debate, which aired on Network Ten.

2008 sees Claire expand her TV dancecard as she battles it out as a Team Captain on Network Ten’s new series of Good News Week.

Claire already has a glowing CV, with Rove Live appearances, time as a presenter on ABCTV and Perth’s Nova937, regular appearances on The Comedy Channel’s Stand Up! Australia, and a cast member credit on The Mansion: Australia Day Special under her belt.

Claire’s comedy career began in 2004 when she won the Western Australian finals of Triple J’s Raw Comedy. In 2005, she was selected to perform in ‘”The Comedy Zone”, Melbourne International Comedy Festival’s new acts line-up and won “Best and Fairest” at the National Improvisation Championships in Sydney.

Claire hit the comedy festival circuit running, scoring a Best Newcomer nomination at the Melbourne International Comedy Festival 2006 and a place in Scotland on Sunday’s top five comedy picks of the Edinburgh Fringe. She then followed this up with a brilliant new show Showgirl at the 2007 Melbourne International Comedy Festival.

She has also written several comic plays and directed “Hamlet” in a co-production with Perth Theatre Company.

John Silvester

John Silvester is an Australian journalist and crime writer. He has written for major Melbourne based newspapers such as The Age, the Sunday Herald Sun and others. Silvester has also co-written a number of bestselling books with Andrew Rule, based on crime in Melbourne.

Silvester received a Bachelor of Arts in politics and law at La Trobe University in 1978, according to an article in the university’s Alumni newsletter, Agora, which also stated that his father, Fred, was a former Victoria Police Assistant Commissioner, and head of the Australian Bureau of Criminal Intelligence.

According to his profile at The Age:

“John Silvester has been a crime reporter in Melbourne since 1979, moving to The Age in 1993. He has worked with The Sunday Times insight team in London, won an ASEAN-AJA scholarship to study crime and corruption in South East Asia and has given evidence at Royal Commissions on police corruption. Silvester has published more than 20 crime books. He has won a Walkley award, three Quills, a Ned Kelly award for true crime writing and three Victorian Law awards. He appears regularly on radio station 3aw to discuss crime matters.”

John Silvester was nominated state finalist for a Walkley Award in 1988, 1996 and a national finalist in 2003, finally winning in the category Best use of the medium in 2004.

John Silvester is also a passionate supporter of the Hawthorn Football Club.