Tim Searle

Full Profile

Tim is widely recognised for his expertise in handling complex commercial disputes and insurance coverage and defence matters issues involving professional indemnity, D&O, public and products liability, property damage, business interruption and construction insurance policies.

Tim has practiced both in the UK and in Australia and now works across our Perth and Sydney offices. His clients value him for his wealth of experience and his style which is approachable, personable, practical and hands on.

Tim is highly experienced in litigation, arbitration and mediation across a range of jurisdictions and sectors, including construction, mining and resources, energy and financial and professional services.

Tim is qualified in both Australia and in England & Wales. He regularly advises and represents multi-national corporations, insurance and reinsurance companies, Lloyd’s underwriters and financial institutions on insurance coverage issues, claims, recoveries and commercial disputes.

Tim has been recognised as a leading lawyer in Insurance Law by The Best Lawyers in Australia and by Doyles Guide as a Leading Professional Indemnity Lawyer. 

Experience

Directors & Officers

• Acting as defence counsel for a high-profile executive director of an ASX-listed mining and exploration company in a claim that alleged breaches of directors’ duties arising from a failure to conduct sufficient due diligence before making an investment in an international mining project.
• Acting as defence counsel for a company director accused of sexual misconduct by a former employee.
• Acting as coverage and monitoring counsel for underwriters in relation to a D&O claim brought against several directors and officers of an ASX-listed mining and exploration company, arising from alleged breaches of directors’ duties.
• Acting as defence counsel for an officer of a large international consolidated services company. The claim involved allegations that the officer and the company had engaged in misleading and deceptive conduct in the course of the negotiation of a large commercial services contract.
• Acting as coverage and monitoring counsel on a D&O claim arising from the operations of an ASX-listed gold mining company in the Philippines. The coverage issues involved advising on the interrelation of a local policy (governed by Filipino law) and a master policy (governed by Australian law). The claims involved criminal and quasi-criminal charges brought against numerous directors and related entities which related to the operation and management of both the mine and an employee pension fund.
• Acting as coverage and monitoring counsel for underwriters in relation to multiple shareholder claims brought against an ASX-listed mining and resources company and its directors arising from misleading and deceptive statements made in the context of ASX releases.

Professional Indemnity

• Acting as defence counsel for an accountant in a high profile claim arising from the provision of allegedly negligent auditing and valuation advice and the collapse of a managed investment scheme.
• Acting as defence counsel for an ASX listed engineering services contractor in claims arising from the design and construction of a mine processing facility in the UK. This complex high-value claim involved a range of technical issues (including low frequency noise emissions) and legal issues (including liability issues arising under English law).
• Acting as defence counsel for a multinational professional services company in a claim alleging that it breached its professional duties in providing advice and services for a major West Australian infrastructure project.
• Advising underwriters on coverage in relation to a claim made by a multinational education services company arising out of the insured’s management of examinations set by the Royal Australian College of Physicians. 
• Acting as defence counsel for an accountancy firm in respect of claims that it had provided negligent business structure and tax planning advice to a group of hospitality companies.
• Advising underwriters on coverage in relation to claims brought against a range or professionals including real estate agents, accountants and insolvency professionals and acting as defence counsel in Supreme Court, District Court, Federal Court and VCAT proceedings
• Advising insurers with respect to issues arising from allegedly defective design and construction works carried out by a construction and engineering contractor during the construction of a floating production, storage and offloading (FPSO) vessel;
• Advising insurers and an engineering contractor client in a case relating to the design and construction of a low temperature hot water system installed during the construction of a large new hospital.

Property

• Advising insurers in relation to business interruption claims arising from the COVID-19 pandemic and associated lockdowns.
• Advising and representing insurers in a series of litigated coverage disputes relating to the underground loss of mining plant and equipment.
• Advising insurers on coverage in relation to a claim arising from a major fire at an Australia e-waste recycling facility.
• Advising insurers on coverage under a material damage and business interruption policy regarding a claim for damage to the external glazing system of an office building.

Public & Products Liability

• Advising underwriters on coverage issues arising from a large number of claims made against a major Australian home building company relating to the use of ‘waffle slabs’.
• Acting for insurers in claims made under a historical Lloyds’ liability policy. The claims arose from class actions in the Australian courts that sought damages for individuals who had been catastrophically injured by exposure to pharmaceutical products.

Subrogated Recoveries

• Advising insurers on coverage under a contract works policy regarding water damage to tunnel boring machines in the course of a major infrastructure project in the Middle East.
• Advising insurers on subrogation prospects and strategy regarding damage to an offshore oil production riser.

Construction & Contract Works

• Advising insurers on coverage with respect to claims made under a construction all risks policy arising out of the failure of a layer of asphalt laid as part of upgrade works on a major highway.
• Advising insurers on coverage with respect to a series of complex claims (including tunnelling claims) made under a construction all risks policy arising out of the construction of a major rail upgrade and extension project. 
• Advising insurers in relation to coverage under a contract works policy in respect of damage to large pre-cast concrete girders intended for use in the construction of a road bridge and conducting a resulting recovery claim

Energy, Mining & Power

• Advising insurers on coverage regarding a large claim made under a construction all risks policy relating to defects identified in the welds forming part of a pipeline system delivering coal seam gas (CSG) to a liquefied natural gas (LNG) facility.
• Advising insurers on policy coverage arising from damage to an onshore pipeline, which formed part of an onshore oil production facility and the contamination of surrounding land.
• Advising insurers on policy coverage under a WELCAR policy arising from damage to subsea and surface infrastructure forming part of a major Australian oil project.