Ross Donaldson

Full Profile

Ross's experience involves advising on a range of insurance related matters, both litigated and unlitigated. He regularly defends claims in all courts and tribunals in Australia. He has acted for all major Australian insurers and many international insurance underwriters. 

Ross is regularly requested to advise on insurance policy coverage and policy construction as it relates to claims and disputes.  

He has defended claims involving large constructions projects, including claims involving combustible cladding, errors in engineering design and failed foundations. This work has included combustible class cladding with the Atlantis Towers and the Cityside Apartment complexes, defective paving at the TNT distribution centre in west Melbourne and claims involving the failures of building facades. 

The building and property professionals he has acted for include, engineers, architects, builders, building surveyors, land surveyors, and property valuers. 

For over 25 years he has acted for financial services providers in litigated disputes in the courts and complaints regarding the provision of financial services and credit services to Australian Financial Complaints Authority and its predecessor. Financial service providers he has acted for including, stockbrokers, financial planners, mortgage brokers, fund trustees, derivatives traders, superannuation advisors, advisors in general and life insurance products, insurance brokers and agents.  

 In complex litigation he has acted in the Melbourne Aquarium legionella outbreak class action, the Atlantis Towers combustible cladding claim, the Freedom Foods class action and the Cranbourne tip methane gas class action   

He has managed large catastrophic injury claims including claims arising out of the Carlton Wall collapse and WorkSafe prosecution. 

Ross's liability practice extends to malpractice claims in respect to medical and allied health professionals, pathology and radiology services, IVF, aged care and nursing facilities. This work includes OH&S breaches and investigations and coronial inquests. He has advised on coverage claims involving silicosis claims arising out of the stone bench top industry. 

The legal liability of aged care facilities for injuries and deaths (including Covid 19 deaths) has been a particular focus of Ross’s work in recent years having acted for a number of national aged care providers. 

Ross has a particular interest in recreation liability and has defended recreation facilities and the providers of recreational service providers including, equine training and teaching facilities, go kart operators, school camps hiking and climbing activities. 

Ross has wide experience in defending public liability and product liability claims for business and property owners, including for shopping centres, medical facilities and residential properties. 

He has experience in defending claims in regard to employment disputes and has acted for professionals and businesses in defending prosecutions under the occupational health and safety laws. 

Ross has also appeared for a number of government agencies in coronial inquests including VicRoads and Ambulance Victoria and been involved in complex inquests including the Kew Cottages fire inquest, deaths in aged care facilities and has represented other parties in respect to inquests into deaths and fires in Victoria. 

Ross currently serves on a number of professional committees of the Law Institute of Victoria in the practice areas of litigation, medical malpractice and public liability. 

Experience

• Acted for building professionals in economic loss claims arising out of combustible cladding fixed to Melbourne residential developments.
• Defended malpractice claim against private hospital in respect to child born with cerebral palsy. Required to coordinate defence of hospital, engage expert obstetricians to advise on liability and quantum, coordinate defence with co-defendant obstetrician, and advise generally on substantial litigation where damages were likely exceeded AUD5 million.
• Advised trustees in in regard to economic loss claim of AUD60 million brought by beneficiaries of and investment trust in regard to the alleged mismanagement.
• Acted for insurers in regard to directors and officer's insurance claim arising out of the financial collapse of Estate Mortgages and Tricontinental Bank in Victoria.
• Successfully defended a class action claim (Cranbourne tip methane gas escape class action). Claim against engineer in respect to environmental damage to surrounding residential subdivision caused by landfill site. In this multi-party litigation Ross coordinated a legal team and technical (environmental engineering experts) on behalf of the client’s insurers. The claim required an analysis of complex expert engineering evidence. After a series of multi day mediations over 18 months, an experts’ conclave and further negotiations the claim was settled on favourable terms for the client.
• Acted for a go kart facility in respect to a number of personal injury claims from go kart accidents. Required a technical analysis using experts of the mechanical causes of the accidents as it related to the characteristics of the go kart and track creation and the safety requirements for users. The application of the Australian Consumer Law as it relates to the provision of recreation services and contractual waivers and exclusions were relevant.
• Acted for engineers in respect to the Melbourne Aquarium legionella bacteria outbreak class action in the Supreme Court of Victoria. It was a class action brought by multiple claimants including the operators of the aquarium in respect to personal injury and economic loss.
• Acted for a company prosecuted in respect to the Carlton wall collapse. One of the most significant OH&S prosecutions since the Longford Gas prosecutions, involving a prosecution, coroner’s inquest and potential civil claims.
• Acted in multi-party litigation Supreme Court proceedings on behalf of Lloyd’s underwriters involving allegations against legal, accounting and business professionals arising out of a failed multi-million-dollar business acquisition.
• Acted for financial advisor in regard to claims arising out of failed Timbercorp agricultural schemes. Requires a consideration of previous class action proceedings brought by investors against the Timbercorp entities and related appeals.