Luke O'Kane

Full Profile

Luke's practice involves the management of general and complex personal injury (including fatality and catastrophic injuries), general liability, historical sexual abuse, property damage and professional indemnity claims.

Within his practice, Luke provides advice on both complex coverage and defence matters to major Australian and London insurers and reinsurers, brokers and corporations.

He is engaged in litigation in every Australian State and Territory and has litigated claims at all jurisdictional levels. In addition, Luke frequently acts as coverage counsel for insurers in larger commercial and regulatory disputes.

Luke also has significant expertise in the management of claims involving defective products and product recalls, with a particular focus on mass tort litigation. In all of his matters, Luke is focused on ensuring that clients are protected as comprehensively as possible whilst always looking to resolve claims at the earliest opportunity.

Prior to joining Clyde & Co, Luke worked for the Chief Judge at Common Law in the Supreme Court of New South Wales.

Experience

General & Public Liability Cases

• Advising on complex liability and quantum issues in catastrophic injury claims.
   
• Acting in defence of entertainment premises and security contractors in public liability claims arising from alleged assaults, slip and falls and associated third party injuries.
   
• Providing assessment of damages for recent and historical fatality claims.
   
• Assessing and advising on complex liability and quantum issues arising in personal injury and general liability claims.

Contingency Cases

• Acting on behalf of London Underwriters in responding to various claims made by a production company under a Product Specific Film and Entertainment Policy for losses arising from COVID-19 restrictions to borders, shooting locations and mandatory isolation periods.
   
• Acting on behalf of a Japanese insurer in respond to a international BI claim made by a hotel chain for COVID-19 related losses (arising from closures and reduced occupancy) at 10 locations throughout Australia.

Disability Cases

• Acting on behalf of one of the largest disability care providers in Australia and appearing before the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. The client was the subject of a week-long Hearing that examined incidents related to fatalities in care, abuse of clients by employees, institutional growth and organisational structure.
   
• Acting on behalf of a significant disability care provider in Australia in response to a claim brought on behalf of a disabled client and their family (five claimants in total) arising from allegations of gross negligence in the provision of care, misappropriation of NDIS funding and institutional neglect in complaints handling.

Sexual Abuse Cases

• Acting on behalf of a large religious institution (including all relevant subsidiary organisations) in responding to all claims of historical sexual abuse occurring within the relevant State.
   
• Acting on behalf of the national governing body of a peak Australian sport in responding to all claims arising from historical sexual abuse (including claims brought by way of the National Redress Scheme).

Coverage

• Advising national developers in relation to their contracting terms and relevant insurance coverage.
   
• Providing advice on the application of cross-jurisdictional legislation in product liability cases.
   
• Advising insurers on complex dual insurance claims and defences.
   
• Advising insurers on policy and insurance slip wordings, placements and exclusions.