Don Brookes is a specialist Insurance and Commercial Litigation Lawyer within our litigation group. He was admitted to practice in 1975 and obtained a Bachelor of Jurisprudence and Bachelor of Law at Monash University . Don is also a qualified LEADR mediator.

His main fields of expertise are:

•  Public Liability Insurance
This involvement has been extensive with Don acting as Defence lawyer on behalf of self-insured's' and underwriters. During that time Don has been involved with providing expert advice as to indemnity, liability, quantum and future conduct of claims, practising in all Court jurisdictions in Victoria. Substantial emphasis is placed upon alternative dispute resolution to bring finalisation to litigation where appropriate. His experience covers many areas including supermarkets, farming communities, retail premises, tradespeople and industry generally concerning liability claims.

•  Product Liability
Don has been involved in a range of product liability litigation and claims management including class actions, substantial recoveries arising from product defects together with Defence of claims. Food poisoning cases have also been undertaken on behalf of Underwriters. Products giving rise to fires and substantial property damage have become a speciality over the years. Advice work incorporates the Trade Practices Act and State Sale of Goods Acts involving product defect and merchantability.

•  Business Interruption Claims
This type of claim has often arisen in the context of property damage where businesses have suffered loss and damage. The use of expert forensic witnesses has regularly been undertaken in this area to assist in the assessment of loss and damage. It is important to ensure that any insured in this situation is properly advised according to the requirements of the Insurance Industry Code of Practice.

•  Indemnity Advice
Don has provided regular advice to clients concerning indemnity issues to underwriters over the years taking into account policy interpretation and relevant legislation including the Insurance Contracts Act. This is particularly the case with material non-disclosure under the Insurance Contracts Act and Section 54 issues. It is important to provide timely and clear advice in this area.

•  Property Claims
General advice relating to indemnity issues and claims management including Home Building and Home Contents policies. Advice incorporates consideration of fraud issues relating to claims made by insureds. This can be a particularly sensitive area and needs to be handled with maturity and common sense, keeping in mind that the onus of proof rests with the insurer.

•  Commercial Litigation
Providing advice and conducting commercial litigation on behalf of clients is a regular part of Don's practise. This may encompass contractual and property disputes, trade practices advice and strategy in defence of claims.

Don is also a regular contributor to articles for trade newspapers and magazines within the Insurance Industry. He is frequently involved in addressing industry seminars and conferences. More recently Don has presented a paper on behalf of the Television Education Network conducted at Broad Beach on the Gold Coast in relation to Insurance issues relating to Small and Medium Enterprises.

He is on the Committee of the Liability Discussion Group of the Insurance Institute of Victoria and is a member of the Litigation section of the Law Institute of Victoria. Don has completed the LEADR mediation course and has extensive experience in the mediation process.