Swanwick Murray Roche Lawyers

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

David Lipke

Partner

Overview

As the Managing Partner of Swanwick Murray Roche, David Lipke is future focused; leading our firm to continuously innovate, improve and develop to stay at the forefront of our industry with changes in the law and how legal services are provided in our modern world. David is also cognisant of protecting and continuing our firm’s long history and strong legacy in the Central Queensland region for providing quality, results-focused advice.

David began practice in 2002 and in the subsequent years has largely practiced in workplace compensation, motor vehicle accident claims, injury claims, wills and estates claims, dependency claims, public liability claims, total permanent disability claims, superannuation claims, workplace health and safety prosecutions, employment law matters and other commercial litigation matters.

David is a preferred lawyer for Anglo American plc group, the Roman Catholic Trust Corporation for the Diocese of Rockhampton and is a past panel lawyer for Workcover Queensland. Having acted for both parties in all types of injury and compensation matters, David’s experience gives him an excellent ability to assess claims and prospects with a significant degree of insight and accuracy. David’s clients often comment that his sensible and straightforward approach to matters gives them comfort when dealing with complex and emotional matters.

David hails from Blackall in Central Western Queensland and has spent most of his professional career in the Rockhampton region. In his spare time, David enjoys a flutter at the races, watching his greyhounds race or spending time with his wife Kate and their children.

Practice

Personal Injury and Compensation

David has spent much of his career working across most aspects of personal injury, accident and damages matters as both a defendant and plaintiff lawyer. David has previously worked as a panel lawyer for Workcover Queensland before all work was centralised to Brisbane in 2014. As a result of being at the coal-face of how decisions are made by WorkCover, David has an insight into WorkCover matters that is unmatched by many other lawyers. David has personally managed eighteen multi-million dollar settlements with the largest being in excess of $16 million which, to this day, is one of the largest settlements of its type in Queensland.

David’s in depth experience gives him the ability to assess quite complex injury claims, develop a strategy to execute a claim and calculate an appropriate settlement from a relatively early stage with a commercial cost sensitive approach. For people who have often experienced one of the most traumatic and life changing moments of their existence, David’s experienced guidance gives them surety of their financial independence and protection of their dignity.

David Lipke is also available to present educational seminars about risk and liability for employees of institutional and business clients. His experience in seeing cases about where things have gone wrong is invaluable in educating employees about the seriousness of duty of care issues.

Some examples of David’s previous cases include:

  • 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 a catastrophically injured person who had suffered a serious spinal injury in a motor vehicle accident. The claim involved complex issues of life expectancy, alternate care models, nursing aids and necessary home modifications. A settlement exceeding $16 million was reached which, to this day, is one of the largest personal injury settlements in Queensland.
  • Representing a catastrophically injured person in a motor vehicle accident insurance 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 career only just beginning (the man was relatively young) a proper projection of his future financial loss. A settlement of $5.71 million dollars was reached.
  • Acting for a Japanese national who suffered serious brain damage injuries in a motor vehicle accident. There were serious liability issues and the complication of assessing loss in his home country of Japan 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 spouse (and, via the spouse, her children) of a person killed in a motor vehicle accident which resulted in a settlement 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 a 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 a 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.

Click on this link to find out more about the SMR Personal Injury Law practice.

Wills & Estates & Commercial Litigation

David Lipke has successfully prosecuted and defended many commercial and estate litigation applications and claims including, but not limited to:

  • contesting Wills;
  • contesting whether a person had testamentary capacity to sign a Will when they did;
  • bringing an application that an eligible person receive a benefit or a higher benefit from an estate of a deceased person;
  • partnership split ups;
  • company dissolutions;
  • winding up trusts;
  • employment law disputes;
  • employee breaches of confidentiality;
  • breach of contract claims;
  • breach of confidentiality;
  • lease and property disputes;
  • contract damages claims;
  • claims for loss or damage.

Click on this link to find out more about the SMR Commercial Litigation practice.

Click on this link to find out more about the SMR Wills and Estates Litigation practice.

Memberships & Awards

David Lipke is involved in the following community organisations:

  • Member of the Queensland Law Society
  • Member (and past President) of the Central Queensland Law Association
  • Member of the CentacareCQ Council for the Catholic Diocese of Rockhampton

David Lipke has recently been honoured with the following accolades:

  • Recommended Lawyer listing in the Doyles Personal Injury Lawyers Guide

Contact

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

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