Thomas J. Byrne

Tom is a Principal in our Insurance & Health team and is based in the Sydney office.

Tom has over 15 years’ experience as a commercial litigation specialist focusing on construction and property claims in the professional indemnity, industrial special risk (ISR) and contract works space.

Tom regularly acts for Australian and London based insurers with respect to high value construction, engineering and infrastructure matters, intellectual property (including patent and copyright infringement disputes) and complex indemnity disputes. He regularly acts in the defence of contractors and consultants of all tiers in the construction industry, including in relation to work health and safety investigations and prosecutions.

Some matters in which Tom has recently defended construction professionals in litigated matters include:

• acting in defence of a structural engineer in relation to a $250 million claim being pursued by the head contractor / design consultant arising from various alleged defects in the tunnel in a large infrastructure project in NSW;
• acting for a fire engineer in NSW Supreme Court proceedings in relation to a $14million claim being pursued by the owners of a hospital in NSW arising from the alleged installation of non-combustible cladding;
• acting for a large international infrastructure project in relation to issues and claims arising from a large infrastructure project in Sydney CBD;
• acting in defence of an architect in multi-party NSW Supreme Court proceedings arising out of alleged building, fire and design defects in a development in NSW;
• acting for an excavation contractor in relation to proceedings commenced in the NSW Supreme Court by a developer and head contractor arising from a wall collapse on a construction site in Sydney;
• acting in defence of a certifier in relation to multiple proceedings issued by a council in the NSW Land and Environment Court arising from alleged defects in multiple complying development consents;
• acting in defence of a certifier in relation to multi-party prosecution being pursued by a Council in the Land and Environment Court arising from the excavation and construction of a basement in a school in NSW;
• acting in defence of a large NSW building contractor in relation to a SafeWork prosecution arising from a worker falling through a penetration at a construction site;
• acting in defence of a Western Australian mining company in relation to an investigation by the Resources Regulator after a worker fell off a scissor lift at a mine in NSW;
• acting in defence of a beverage supplier in Federal Court of Australia proceedings issued by an Italian manufacturers arising from alleged infringement of various patents.

Tom frequently advises on complex indemnity issues across first party property and construction risks as well as Professional Indemnity construction matters. Some of Tom’s recent complex indemnity matters include:

• acting for primary insurer in relation to the late notification of a claim by its insured arising from alleged defects in the runway of an army base in Queensland;
• acting as coverage counsel for a professional indemnity insurer regarding a $60 million construction arbitration claim being pursued against the design consultant arising from alleged defects in a Papua New Guinea shipping wharf;
• acting as coverage counsel for an Australian based insurer regarding late notification of a claim arising from alleged defects in major tunnel in Sydney;
• acting as coverage counsel for a London based contract works insurer in relation to claims for indemnity arising from damage to cables during construction of several solar farms in Queensland;
• acting for a head contractor in relation to a coverage dispute with its contract works insurer involving the operation of a DE4 exclusion;
• advising various major Australian and London based insurers in relation to complex indemnity disputes including:
  • application of an amended LEG2 exclusion;
  • notification issues and application of continuous cover clauses and prior known facts and circumstances exclusions; and
  • application of workmanship exclusions.

Tom previously worked as a solicitor in London and has been an accredited civil and commercial mediator since 2012.

Tom has a Bachelor of Arts (Hons) in Law & Government and a Masters in Criminology and Criminal Justice.

Tom is member of several professional organisations specific to his practice, including the NSW Claims Discussion Group, Australian Professional Indemnity Group (APIG), Australian Insurance Law Association (AILA), the Society of Construction Law and Young Insurance Professionals (YIPs).