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Toby Robinson BA (Hons), LLB, MArtCur

Senior Associate

Expertise:

Toby acts for injured plaintiffs, including in TAC, WorkCover, and Public Liability claims, and also for insurers and self-insurers in insurance disputes and insurance litigation.

Experience

Background

Toby is experienced in personal injury and insurance litigation. 

Toby has conducted personal injury claims in TAC, WorkCover, and Public Liability, particularly claims for common law damages for work injury, motor vehicle accident and public liability claims. He has successfully conducted TAC and WorkCover serious injury applications including Originating Motion proceedings and litigated TAC and WorkCover damages proceedings. He has also successfully conducted WorkCover and TAC statutory benefits disputes and litigation.  

Toby is also experienced in acting for insurers and self-insurers including in property damage recovery litigation.

 

Toby has achieved excellent results for his clients and he is committed to being a strong and committed advocate for his clients. Toby’s recent experience includes:

  • Successfully conducting a WorkCover Damages claim on behalf of a health care worker assaulted by a patient at work. Toby’s client issued damages proceedings against the employer which resolved successfully via negotiation with the employer/VWA agreeing to pay the worker common law damages in the sum of the worker’s Statutory Counter Offer plus costs.
  • Successfully conducting a County Court proceeding on behalf of an injured whose Serious Injury Application was rejected by WorkCover. The proceeding was successful and the Court found the worker had a serious injury and granted the worker leave to sue. Subsequent the workers claim for damages settled with the worker receiving common law damages for both pain and suffering and loss of earnings.
  • Toby has conducted litigation for a major self-insurer seeking damages for total loss of a specialised truck plus consequential losses. Damages proceeding were issued and Toby’s client was successful and was awarded damages and costs on an indemnity basis.
  • Toby has successful defended a property damage claim brought against an insurer for $100,000.00 for property damage on the basis that policy exclusions applied and the insurer was not liable. This matter ran to verdict and the client insurer was held not liable and awarded indemnity costs against the claimant.