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Peter McGrath

Partner
+61.3.9640.4360
Fax +61.3.9205.2055

Mr. McGrath is a litigation lawyer. His particular focus is medical defence, professional indemnity, general liability and insurance coverage.

Mr. McGrath has over 20 years experience acting for state public hospitals, government departments, community health organisations, individual professionals, and their insurers. He leads a team that defends a large portfolio of claims.

As well as defending civil claims in all state jurisdictions in Australia and instituting recovery claims, he has extensive experience representing his clients at coronial inquests and disciplinary proceedings, acting in reinsurance and indemnity disputes, and providing advice on policy wordings and coverage issues.

Achievements

  • Recognised as one of Australia’s leading insurance lawyers in Best Lawyers (2016 and 2017).

Professional/Civic Activities

  • The Law Institute of Victoria member
  • The Medico Legal Society of Victoria member
  • Australian Insurance Law Association member
  • Regular provider of pro bono advice and litigation services to community service organisations, including through Public Interest Law Clearing House
  • Defending medical malpractice claims against all Victorian public health organisations.
  • Defending public liability claims arising from injuries to persons on public and government properties.
  • Advising on property damage claims and insurance coverage issues.
  • Acting to recover insured and uninsured losses from third parties.
  • Defending claims against the non for profit sector including community organisations, kindergartens, and cemetery trusts.
  • Acting for government departments and agencies in defence of claims for alleged abuse in care.
  • Acting for medical, community, government, corporate, and individual clients in coronial inquests.
  • Defending health professionals in disciplinary charges at the relevant Registrations Boards.
  • Defending litigated claims in all court jurisdictions including appellant courts and alternative dispute forums such as the Health Services Commissioner of Australia.
  • Defending large value claims arising from catastrophic injuries, including birth injuries.
  • Defending breaches of privacy claims at Victorian Civil and Administrative Tribunal (VCAT) and elsewhere.
  • Advising and acting at VCAT on matters such as Freedom of Information Act applications, privacy legislation issues and access to material.
  • Referring impairment assessments to the medical panel and appellate work on impairment assessment outcome.
  • Providing risk management advice to agencies following claims and inquests.
  • Defending organisations in recovery claims from WorkCover, Transport Accident Commission and other parties.
  • Acting as, and experience with, model litigant guidelines and arrangements between interested co-defendants, defence arrangements generally between co-defendants and co-insured and working generally to minimise litigation.
  • Advising organisations on insurance coverage and liability issues.
  • Defending insured clients against private criminal prosecutions.
  • Providing advice on insurance policy coverage, and liability issues.
  • Acting for insurers in disputes with their reinsurers on coverage issues and recovery issues.
  • Supporting state projects, such as open disclosure and extensions of insurance coverage to enable government initiatives.