Insurance Law

Rostron Carlyle’s approach to Insurance law is proactive.  Your specialist team under the supervision of Partner Shan Auliff is talented, efficient and enthusiastic.

We know which matters to pursue vigorously, and we know the litigation process required in order to achieve a successful outcome for our clients.

The services provided by the firm’s Insurance Practice includes (but is no means limited to):

• claims litigation
• defence of fraudulent claims
• defence of actions brought by insureds in respect of motor vehicle assessments
• initiating and defending contribution proceedings between insurers and agents
• advicing on the Insurance Contracts Act
• drafting pleadings
• liaising with the defendants
• communicating both formally and informally with Solcitors
• communicating both formally and informally with clients and or the Insurers
• preparing briefs to Counsel
• appearing in the Magistrates, District and Supreme Courts
• preparing all court documents and witness statements
• Our team has a proven reputation in assisting clients in all aspects of Insurance and Debt Recovery Litigation including:
  • Letters of Demand
  • Registration and Company Searches.
  • Online, same-day issuing of Claims and Statements of Claim throughout Australia
  • Defending proceedings in all Australian Jurisdictions
  • Obtaining Judgment
  • Conducting Enforcement Hearings and Issuing Warrants

We understand that practical advice that considers all of the evidence available, particularly where litigation is involved in paramount in order to make the best possibile decisions in regard finalising a matter.

Value Adding

We offer a choice of scale or fixed cost billing to ensure that you can properly assess the cost implications of any instructions given to the firm.

1.             NO COST ADVICE AND RECOMMENDATIONS

 We do not charge for our communication with you. You can contact us at any time to give instructions or gain a better understanding of the legal issues, knowing that this will not lead to further costs.

 We offer free advices at the following stages of each proceeding to assist our clients to give informed instructions:

• a)    Preliminary Advice – Provided upon receiving a new matter, and addressing:

i)             Circumstances of the Accident/Claim;

ii)            Basic Outline of matter including quantum amounts, date of loss and any other relevant facts;

iii)           Legal Issues including Liability, Quantum, Witnesses and addressing any deficiencies with evidence on file;

iv)           Recommendations for moving the matter forward including Settlement Offers, the need for any admissions to be sought or made, Disclosure requirements, Further evidence required, Letters of Demand;

v)             Prospects of Success; and

vi)           Likely/Potential Costs of the matter in addition to advice regarding recoverable costs.

•  b)    Outcome of Pre-Trial Proceedings – Provided upon completion of mandatory Pre-Trial Proceedings such as Directions Conference/Mediation/Pre-Trial Reviews and addressing:

i)             Orders made at the Proceedings;

ii)            Next Steps and Unresolved issues;

iii)           Recommendations for Offers; and

iv)           Prospects of Success.

•  c)    Pre-Hearing Advice – Provided upon receipt of Trial/Hearing Notice, and including:

i)             Confirmation of Barrister/Agent to attend;

ii)            Exchange of evidence and advise as to any further evidence required;

iii)           The need to subpoena material or witnesses;

iv)           Relevant Facts;

v)             Issues in Dispute – Addressing Quantum, Liability, any recommended Admissions; and

vi)           Recommendations for proceeding

•  d)    Report of Trial – Provided upon conclusion of Legal Proceedings and including:

i)             Summary of result and reasons given by Magistrate;

ii)            Result with respect to Liability;

iii)           Result with respect to Quantum; and

iv)           Orders made.

 2.                 APPEARANCES

We have acquired a network of town agents, solicitors and barristers around the country available to make court appearances on our behalf in interstate and regional jurisdictions when required. Where possible and not disadvantageous to do so, we readily appear in person or by phone on court dates to avoid the cost of agents. This keeps our client’s costs to a minimum.

 3.               USE OF TECHNOLOGY

 Wherever possible proceedings are issued online, which allows same day provision of service instructions to our service providers in each State and Territory. Service instructions are also provided online to ensure prompt service of legal documents.

You will have access to the secure Rostron Carlyle Database, which will enable you to monitor the progress of matters online, provide instructions, seek advice and otherwise communicate via the database with our Team. You will also be able to monitor the legal costs billed in the matter on a real-time basis.

As Shan is available by mobile 24/7 and the Team is able to access the Database remotely, you will be able to make contact with the Team at any time to provide instructions and have your queries answered.

 We are committed to pro-actively reporting on the progress of each matter being handled by us, and have the technological capability to ensure that these reports are accurate and up to date. Progress updates are provided electronically monthly and quarterly for all active and closed files. Ad hoc progress updates may also be requested over the phone or by email and these will be provided within 24 hours of receipt.

Our reporting process can be altered to conform with any requirements of our clients, but altering the input values.