Experience
Santos
We acted for petroleum producer and explorer Santos following a gas leak and fire at the South Australian Moomba Gas Plant. The Moomba Gas Plant supplies 95 per cent of South Australia’s gas needs and is also a key source of gas for New South Wales. We provided advice on the insurance claims resulting from business interruption and also advised on commercial claims.
Victorian State Government
We successfully acted for the Victorian Government and its related state entities following the explosion and fire at Esso’s Longford Gas Plant in September 1998, including representation at the Longford Royal Commission and the related class action. The class action, brought on behalf of users of gas in Victoria against Esso, was the largest in Australian legal history, involving claims between $300 million and $1.3 billion. Justice Gillard held that Esso did not owe a duty of care to avoid pure economic loss to 1.4 million Victorian gas users. The effect was that most of the claimants for the reported losses of $500 million to $1.4 billion failed.
Lend Lease
We acted for Lend Lease in the longest running coronial inquiry in Australia’s history, the Thredbo ski village landslide in New South Wales, which killed 18 people and caused significant economic disruption. Freehills also represented Lend Lease in the various multi-party commercial proceedings involving the National Parks and Wildlife Service, Roads and Traffic Authority, lodge owners and local business operators arising from the Thredbo disaster. Various insurance issues were involved and addressed by our team during the course of this matter.
Prime Infrastructure
We acted for Prime Infrastructure, the owner of the Dalrymple Bay Coal Terminal in Queensland, in the ISR Claim which followed the collapse of a reclaiming machine which had been weakened by a faulty weld during construction some 20 years earlier.
Woodside Energy
We advise Woodside Energy in relation to its risk management and insurance programs. In doing so, we have formulated a risk profile of Woodside’s contracts and insurance policies that: identifies the types of risk likely to arise under such contracts, analyses the ability of our client’s current insurance program to respond to those risks, and identifies any gaps in the cover provided by that insurance program.
CSR Limited
We have acted for CSR for more than a decade in major litigation, both in Australia and the United States (where we work with US counsel), for indemnity and damages cover from public and product liability insurers for multiple asbestos injury liability claims made in Australia and the US. The case against NZI was settled for $100 million and the subsequent case against more than 60 insurers in a number of countries, after CSR’s success in the High Court over insurers’ anti-suit and jurisdictional challenges, will soon go to trial in the US Federal Court in New Jersey. The issues concern coverage and anti-trust and economic tort causes of action.
New South Wales Treasury Corporation
Following the HIH collapse, we acted for the New South Wales Treasury Corporation in connection with issues arising under the state’s compulsory Building Warranty Insurance scheme under Part 6 Home Building Act 1989 (NSW).
Air Services Australia
The regulator of air space in Australia, Air Services Australia, embarked on significant reform of Australian air space at the request of the Commonwealth Government. When Air Services Australia became concerned that it may not have properly implemented its regulatory powers, Freehills was instructed to review and advise on the entire process. This review resulted in amendments to the implementation of the reform. The reform was subject to a challenge and litigation which was unsuccessful.
Eraring Energy
We provided advice on insurance and legal risk issues for the board and corporation, staff training, plus legal risk management and insurance program initiatives.Major accounting firmWe regularly act for a major global accounting firm and its insurers in the defence of professional negligence claims brought against the firm.
Product Contamination/Extortion Client
We have advised a major corporation through a successfully resolved claim involving tens of millions of dollars for business disruption and product withdrawal arising from criminal extortion and product contamination.
Gympie Gold
We acted for the receivers of coal and gold miner Gympie Gold after it went into voluntary administration following a fire which devastated the Southland Hunter Valley coal mine in New South Wales. Our team advised on issues dealing with the extensive insurance claims.
