Cheryl Phillips

Cheryl has broad insurance law experience and is highly regarded for her expertise in large personal injury claims (including defending ReturnToWorkSA recovery claims), complex liability claims, CTP and dust diseases litigation. She also has expertise in product liability claims, life insurance and sensitive claims. Cheryl is known for her ability to achieve cost-effective resolutions in matters that range from volume personal injury and product liability claims through to catastrophic injury and other significant claims involving complex causation and apportionment issues. She has been listed in Best Lawyers Australia (Insurance) since 2010. Personal Injury Defending numerous large personal injury claims involving catastrophic injuries, including motor vehicle accident claims, recovery claims and general liability claims. Acting for a local government regarding a catastrophic head injury suffered by a minor participating in a sporting event. The matter was settled early at mediation with a good outcome for the local government on quantum and apportionment with co-defendants. Successfully defending a licensed premises at trial and in the Court of Appeal in a personal injury claim involving issues of voluntary assumption of risk and duties to intoxicated patrons. Acting for a licensed premises in a claim made by a patron who suffered catastrophic head injuries, as well as in relation to the associated nervous shock and ReturnToWork SA recovery claims. Dust Diseases Running a successful ‘test case’ in the Supreme Court of South Australia regarding policy coverage issues arising from a dust diseases claim. Successfully defending an insured at trial and on Appeal in a dust diseases claim involving complex apportionment issues and the interpretation of provisions in the Dust Diseases Act 2005 (SA). Property Damage Achieving early and commercial settlements of property damage claims arising out of fires caused during harvesting. Negotiating an early resolution for insurers of a third party claim made by a winemaker in relation to the loss of premium wine caused by the allegedly negligent loading of a wine tanker. Acting for the manufacturer of a tanker in relation to a property damage and clean-up costs recovery claim arising out of a truck rollover allegedly caused by defects in the tanker, including negotiating a settlement significantly less than the quantum of the claim based on complex liability and causation arguments. Product Liability Acting for an international insurer in collaboration with US attorneys in response to property damage claims resulting from allegedly defective truck tyres. Assisting a bottle manufacturer and its overseas insurer achieve an early resolution of a third party claim alleging inferior quality glass. Acting in a representative action (involving in excess of 30 applicants) for the overseas manufacturer of an amusement ride which collapsed. Representing several insurers in volume personal injury claims, including product liability claims, arising from a national group of retail companies, including assisting insurers to implement strategies to resolve those claims in a timely and cost-effective manner. Achieving a cost-effective resolution for insurers in a fire claim in the NT arising out of a faulty appliance, including dealing with complex liability and double insurance issues.