Matthew Smith

Full Profile

Matthew commenced working in the insurance law industry in 2002. Although Matthew has experience in all areas of insurance law, his practice has a strong emphasis in construction matters for domestic and overseas Insurers and he has acted on behalf of building professionals and engineers in a significant number of matters. The advice provided by Matthew relates to not only the defence of claims on behalf of insureds but also in regards to coverage. Prior to obtaining his legal qualifications, Matthew worked at management level in the construction industry.

Matthew has also garnered a significant portfolio of experience in intentional tort related claims through his work on a public liability insurance scheme specifically designed for security firms.

Matthew is also well versed in the operation of trade credit and political risk policies relating to occurrences both domestically and internationally.

He has also provided regulatory advice to international insurers relating to the prudential guidelines enforced by APRA and the framework in which general insurers are forced to comply.

Matthew has been recognised for Insurance Law and Professional Malpractice Litigation in Best Lawyers from 2023 – 2026.

Experience

• Property damage - Advising insurers in relation to fire damage at commercial premises, including restaurants and other licensed premises.
• Regulatory advice - Acting on behalf of Sirius and assisting same in obtaining authorisation to conduct general insurance business activities in Australia from Australian Prudential Regulation Authority (APRA).
• Public liability: engineer - Acting for an engineer in relation to a professional indemnity/public liability claim relating to a catastrophic injury on Norfolk Island, requiring an understanding of the statutory requirements of that jurisdiction.
• Professional indemnity: design verifier - Acting for the design verifier of a freeway constructed in and around the Perth CBD in relation to claims brought by the relevant statutory authority relating to failure of the pavement surface with an overall claim value of  AUD 80 - 100 million dollars.
• Professional indemnity: engineer - Acting on behalf of the design engineer regarding a cable tunnel under the Sydney CBD and the alleged failure of specific design issues relating to underground excavation with a claim particularised in excess of AUD 30 million dollars.
• Professional indemnity: designer - Acting for the designer of a subdivision in Kununurra, Western Australia in defending a claim brought by the developer for consequential loss and other damage relating to the project being engineered in excess of that required.
• Professional indemnity: contractor - Acting on behalf of a contractor regarding the civil works required to initiate mining works in NSW Southern Highlands, which resulted in an associated prosecution of the mine by the EPA.
• Professional indemnity: engineer - Acting on behalf of a design engineer relating to the failure of the Morwell River Diversion at Yallourn Victoria resulting in a catastrophic flow of water into Yallourn Coal Mine and subsequent interruption to the Victoria power supply from Yallourn power station. The claim was particularised at $150 million dollars.
• Policy advice - Advising insurers in relation to policy responses to claims brought by third parties in relation to the Adelaide Desalination Plant.
• Professional indemnity: engineer - Defending engineers in relation to geotechnical investigations and a remedial action plan to the resumption of former landfill for residential purposes with allegations of significant asbestos contamination not identified resulting in a claim in excess of AUD 30 million dollars.