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Where am I now? Lawlink > Crown Solicitor's Office Home > Practice Groups > Torts Law (Service/Regulatory Agencies)
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Torts Law (Service/Regulatory Agencies)
The Torts Law (Service/Regulatory Agency) Practice Group undertakes all aspects of the defence and settlement of civil claims involving state agencies, including the conduct of litigation at first instance and at all stages of appeal. The Group has an unsurpassed appreciation of the priorities and objectives of our government clients, and the sensitive political environment in which our clients operate. We are accustomed to conducting civil litigation under the glare of public scrutiny. When instructing the Crown Solicitor in civil litigation, clients can be confident of the highest possible levels of probity and professional independence.
We know the value of early and thorough investigation of claims, in order to provide prompt advice as to the prospects of successfully defending claims, or the merits of early settlement. We make an early assessment as to the liability of client agencies and any other potential defendant, and will recommend seeking an indemnity or contribution from other parties where that option is open.
We pursue alternative dispute resolution on a regular basis and regularly resolve claims advantageously and at an early stage. The reporting requirements of the Treasury Managed Fund are well known and observed in all our claims, including requirements for prompt and regularly updated advices on liability, quantum and evidence.
Where our clients seek to defend claims we do so thoroughly and professionally, while at all times acting with the highest levels of probity and observing the NSW government’s model litigant policy. We offer our clients committed and effective representation of the highest standard, including:
- Timely provision of quantum, liability and evidence advices with claim estimates, including assessment of indemnities available under contracts or insurance policies, and the bringing of cross-claims to enforce indemnities
- Taking appropriate interlocutory steps such as striking out poor or deficient pleadings; seeking orders for provision of particulars; limitation applications; applications to set aside subpoenas and notices to produce; and applications opposing orders for discovery and interrogatories
- Collation, review and informed analysis of client documents, including material relevant to resource and competing priority arguments under the Civil Liability Act; and assessing client documents for issues of privilege or other grounds for non-production
- Commissioning private investigators best suited to particular claims; engaging expert witnesses best qualified to provide opinion on critical issues; proofing agency and lay witnesses; and issuing carefully framed subpoenas and notices to produce
- Briefing Counsel - we are able to recommend Counsel most suited to different types of claims brought against our clients, at Crown brief rates; and appearing in court for without Counsel, particularly in suitable interlocutory matters.
The Group also acts for agencies involved in inquests, and in matters involving requests by a foreign court for evidence to be taken in New South Wales for the purpose of foreign proceedings.
Clients requiring additional information on the work of the Torts S/R Law Practice Group should contact Assistant Crown Solicitor, Richard Kelly on (02) 9224 5102. Clients who would like a copy of the Torts S/R Practice Group profile which details solicitors' background and experience and support staff contact details, should e-mail csomarketing@agd.nsw.gov.au.
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