Stuart Unwin

Partner

Experienced, trustworthy, empathetic and tactful – my goal is to deeply understand my clients’ industries, processes, priorities and people. From that foundation, I offer clear-sighted legal advice and tailored solutions.

I support my clients to resolve legal disputes on appropriate terms whilst preserving their reputations and the relationships important to their continued success.

I have acted for:

• Queensland’s primary workers’ compensation insurer and hundreds of insured employers;
• Self-insured employers;
• Corporations managing under-deductible property and injury disputes, including public liability claims;
• Healthcare, educational and religious institutions;
• Law enforcement, emergency services and custodial correction entities;
• Individual professionals faced with civil or disciplinary action;
• Businesses faced with workplace health and safety investigations and prosecutions;
• General and professional indemnity insurers and their insureds; and
• Compulsory third-party motor accident insurers.

I have nearly twenty years’ experience managing psychiatric injury and bullying claims in addition to significant recent experience managing historical institutional abuse claims.

I resolve most claims without having to proceed to Court but I am also an experienced litigator. Some examples of my successfully litigated claims include:

• Kelly v Logan & District Services Club Inc [1998] QSC 191 – a back injury claim was dismissed.
• McNally v Essenhaven P/L [2001] QCA 452 – the quantum award was reduced on appeal to below WorkCover Queensland’s written final offer, so the Plaintiff had to pay WorkCover’s costs of trial.
• Craig v Qantas Airways Ltd & WorkCover Queensland [2001] QSC 394 – a pure psychiatric injury claim by a flight attendant was dismissed.
• Sukkhathammavong v Cook Freeze P/L [2003] QCA 248 – a back injury claim by food factory worker was dismissed and the decision was upheld on appeal.
• Redmond v J C Hutton Pty Ltd [2004] ACTSC 102 – the Plaintiff’s application to extend the common law limitation period, which was determined by Supreme Court of the Australian Capital Territory, applying Queensland law, was dismissed.
• Urch v Meneguzzo & Ors [2004] QSC 2000 – the parties settled with a seriously injured Plaintiff but contribution proceedings between the two defendants were argued. The other defendant was ordered to pay 100% of Plaintiff’s damages and the client recovered its costs from that other defendant.
• Hodges v State of Queensland [2006] QDC 382 – a pure psychiatric injury claim by a hospital cleaner, who had been harassed by another cleaner, was dismissed.
• Baillie v Creber & Anor [2010] QSC 52 – a worker’s application for extension of limitation date was dismissed.
• Ferguson v WorkCover Queensland [2013] QSC 78 – a truck driver applied for a declaration in a cross-border (Qld/NSW) claim – the Court held that Queensland workers’ compensation legislation did not govern the claim. This effectively concluded the action. The decision clarified a contentious point of law and is a leading authority.
• McArdle v State of Queensland [2016] QSC 165 – a Police officer sought damages for psychiatric injuries arising over a period of time as a consequence of his employment as a scenes of crime officer over many years. The Plaintiff’s application to extend limitation period dismissed.

I am a dedicated supervisor and mentor of other lawyers, am a member of a committee responsible for dental regulation in Queensland and for many years have volunteered with community legal services.

If you have an insurance issue or a legal dispute which could be better managed, or which is distracting you from your core business, book a consultation with stuart.unwin@btlawyers.com.au