Transport

With over 30 years of experience, Curwoods has an extensive understanding of both motor and maritime claims. Our clients are transportation companies and insurers with a transport portfolio, as well as maritime insurers. They turn to us for a variety of claims, including seafarer’s, motor theft and fraud, accidents, collisions at sea, and a wide range of issues associated with these claims.

With over 30 years of experience, Curwoods has an extensive understanding of both motor and maritime claims. Our clients are transportation companies and insurers with a transport portfolio, as well as maritime insurers. They turn to us for a variety of claims, including seafarer’s, motor theft and fraud, accidents, collisions at sea, and a wide range of issues associated with these claims.

Our Transport team has a diverse portfolio of motor claims which vary in size and complexity. We manage high-volume recoveries and settlement claims in all jurisdictions and assist clients with drafting policy documents.

In many commercial transport claims, we act for the insured directly.  We will often include in the claim demurrage which may not be covered by the insured’s policy. Our experience allows us to be conscious of running smaller claims commercially, while having the expertise and resources to manage large more complex claims.

We also advise on maritime insurance issues and compliance with maritime law regulations. We handle selected maritime transport claims including maritime collision, accident, product liability and loss/damage to cargo.

Examples of recent matters where our Transport team has represented their clients include:

  • Acted in relation to a multiple car accident on a freeway which resulted in the commencement of proceedings against a number of drivers involved in the accident. The defendant raised the issue of inevitable accident and claimed to have suffered from a seizure. We were able to extract a medical report from the defendant’s general practitioner which was contradictory to this claim, enabling the matter to be resolved commercially without the need to proceed to mediation or hearing
  • Acted on instructions from a motor vehicle insurer in relation to substantial damage which occurred when a wheel came off a truck. A poorly calibrated pneumatic drill was implicated and although proof was largely circumstantial, a successful recovery was achieved against the tyre fitter who was responsible for replacing all the tyres on the vehicle. The driver’s failure to notice vibrations and pull over was not fatal to the claim
  • Acted for the insurer of a marine engine repairer following malicious damage to a twin engine commercial catamaran through sand contamination.  Consequent delays and further failure of the reconditioned engines led to significant costs and loss of commercial charters. Proportionate liability claims involving subcontractors and an engine reconditioner were resolved at mediation
  • Acted for the insurer of the Master of a 5.5m Savage Mako fibreglass boat motored by a 150 horse power Mercury outboard motor.  The boat struck a sandbar whilst travelling in a marked channel at Yamba throwing the plaintiff forward.

Our senior team members include:

Kate Blue

Senior Associate
BA (Australian National University) 1994 / LLB (Australian National University) 1995

Roslyn Diesner

Senior Associate
Bachelor of Economics 1985 - University of Sydney / Diploma in Law 1995 - Legal Practitioners Admission Board

Paul Garnon

Partner
B.Com (Finance) (University of NSW) 1991 / LLB (University of NSW) 1991

Scott Kennedy

Managing Partner
Dip Law (LPAB) 1995

Brian Trist

Special Counsel
Dip Law (LPAB) 1998

Disclaimer

All materials on this site have been prepared by Curwoods Lawyers for informational purposes only and are not legal advice.

This information is not intended to create, and receipt of it does not constitute a lawyer-client relationship.

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