Swanwick Murray Roche Lawyers

74 Victoria Parade, Rockhampton QLD 4700   •   (07) 4931 1888

David Lipke

Partner

Overview

David specializes in workplace compensation and motor vehicle accident claims. He acts for Insurance companies as well as private individuals. He has in the past been retained as a panel lawyer for WorkCover Queensland in relation to common law claims under the Workers Compensation and Rehabilitation Act 2003.

David is also a preferred supplier of legal services to the Anglo American plc group for Public Liability claims resulting from mine site accidents for its Queensland operations. The Roman Catholic Trust Corporation for the Diocese of Rockhampton also regularly engage David’s services and expertise. David is a current member of the Centacare Council for the Catholic Diocese of Rockhampton.

In addition to the above David’s experience includes significant exposure to catastrophic injury claims on behalf of persons injured under the CTP motor vehicle legislation. He has personally managed eighteen multimillion dollar settlements the largest being in excess of $16 million dollars which at the time was one of the largest settlements of its type in Queensland.

David also has experience acting in Dependency claims, Estate Claims, Public Liability claims acting for the Plaintiff’s and defendant’s, Total and Permanent disability claims and also acting for employers in regard to Workplace Health and Safety Prosecutions. David also receives instructions on Commercial Litigation matters.

 

Areas of Practice

Experience

  • Acting for the Public Liability Insurer for Anglo American plc group in regard to claims resulting from mine accidents in its Queensland Operations including successfully defending matters at trial, House v Anglo Coal (Callide Management Pty Ltd) & Anor [2016] QDC 303;
  • Representing WorkCover Queensland as a Panel Lawyer in regard to the defence of Common Law Workers compensation Claims. Such representation includes personally undertaking all investigation and advice work.
  • Representing a catastrophically injured person in a CTP claim who had suffered a serious spinal injury. The claim involved difficult issues of life expectancy, alternate care models, nursing aids and necessary home modifications. A settlement of in excess of $16 million dollars was reached which to this day is one of the largest personal injury settlements in Queensland;
  • Representing a catastrophically injured person in a CTP claim who had suffered a serious brain injury. The claim involved difficult issues of life expectancy, care, necessary home modifications, nursing aids and due to the claimant’s employment being in its infancy a proper projection of his future loss. A settlement of $5.71 million dollars was reached;
  • Acting for an seriously brain injured Japanese national in a CTP claim where there were serious liability issues and the complication of assessing loss in his home country and also taking into account proper cultural issues in Japan. The matter settled for $2.9 million dollars.
  • Acting for a school aged child who suffered a serious head injury in a motor vehicle accident with the difficulty of mapping out what her future course in life would have been and assessing loss on that basis. The matter settled for $1.4 million dollars.
  • Advising the dependent of a person killed in a motor vehicle accident which resulted in an award in excess of one million dollars.
  • Representing an injured person who suffered serious lower limb nerve damage arising from motor vehicle accident. The matter involved complex calculations in regard to future care and medical expenses and resulted in a settlement of $1.7 million dollars.
  • Acting for an injured person in regard to a serious head injury suffered later in life and in particular obtaining expert evidence as to the likelihood of early onset dementia as a result of the accident, and the extra care costs associated with same. The claim settled for $1.1 million dollars.
  • Representing an injured person who suffered a serious head injury. The consideration in the matter included future career progression and necessary care needs. The matter was settled in excess of $3 million dollars.
  • Acting for an injured person in regard to a serious head and physical injuries suffered later in life and in particular obtaining necessary evidence about the likely progression of the injuries over time. The claim settled for $1.2 million dollars.
  • Acting for an individual who suffered serious internal injuries, resulting in serious damage to the bladder, bowel and stomach wall which necessitated ongoing use of continence aids. The matter involved complex evidence gathering around the likely future medical costs that would be incurred. The matter settled in excess of $1.8 million dollars.
  • Acting for a university aged person who suffered serious head and physical injuries in a motor vehicle accident with the difficulty of mapping out what his future course in life would have been and assessing loss on that basis. The matter also involved serious liability issues the matter settled for $1.3 million dollars.
  • Acting on behalf of businesses who have been prosecuted by Workplace Health and Safety Queensland.
  • Prosecuting and defending claims bought against estates of deceased persons.
  • Acting on behalf of businesses and individuals involved in commercial disputes,
  • Conducting employer seminars to educate them on how to avoid common law claims and in the event of a claim how to best defend such claims.

You can contact David at dlipke@smrlaw.com.au or via any of the means on the Contact page.

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