Graeme Traves

Profile

Graeme Traves is a Partner of HWL Ebsworth and part of the national insurance practice group. He has more than 18 years experience in insurance law.

Graeme has acted as a WorkCover panel lawyer since 1990.  He is the preferred legal adviser to a number of private and self insured companies on matters relating to workers’ compensation, self insurance, policy interpretation, accident compensation, occupiers liability for personal injuries actions, compulsory third party claims and public liability.

In the last five years, Graeme has settled over 400 common law claims for WorkCover and his self-insurer clients.  In all, Graeme has settled 96% of his cases without the need to proceed to trial.  This result reflects his experience in the pre-proceedings process under the WorkCover Queensland Act 1996 and the Workers’ Compensation and Rehabilitation Act 2003.

Graeme also assists WorkCover and self-insurer clients to reduce claim turnaround time and costs.  His recommendations help clients to improve the efficiency of their case management procedures.

He has acted for Comcare and is currently on the WorkCover Queensland panel, as well as numerous self insurers panels. He has detailed understanding of the Safety, Rehabilitation and Compensation Act 1988 and the workings of the Administrative Appeals Tribunal. He is also familiar with the relevant experts within this field of personal injuries law.

He has extensive experience in the case management and handling of asbestos claims, having acted for James Hardie and Amaca through WorkCover Queensland. He is one of the few preferred panel lawyers in Queensland with asbestos experience, and is called upon by WorkCover to streamline their asbestos claims. His involvement with asbestos claims has necessitated him to attend Victoria for matters run out of the Victorian Supreme Court against Slater & Gordon, as well as running actions out of the Dust Disease’s Tribunal in New South Wales.

He has been involved in landmark cases for WorkCover and self-insurers including:

• Brambles v Rogers - Section 9 of the Workplace Health & Safety Act 1995
• Drake v Barrett - Removal of liability to employer in labour hire cases
• Lye v Bischoff - Costs order under the amendments to Workers' Compensation Act 1990
• Mayne Nickless v James - The boundary of disclosure under the WorkCover Queensland Act 1996
• Allhands v Stone - The need for interested non-parties to attend section 293 conferences in labour hire cases
• Lockwood v Rough - The need to comply with various forms of Workers' Compensation Acts for over a period of time injuries
• Whelband v State of Queensland - The need to comply with various forms of Workers' Compensation Acts for over a period of time injuries
• Glenco Manufacturing Pty Ltd v Ferrari - Declaration sought against WorkCover - The court held that it was unnecessary for WorkCover to consent to the order and ordered that the applicant pay WorkCover's costs of and incidental to the application. 

He has presented numerous papers on workers’ compensation including claims prevention, risk management, premium reduction and the new WorkCover legislation to government agencies and insurers, as well as WorkCover. These papers include:

• More than compo needed to stem tide, discussing asbestos litigation, Australian Financial Review, 12 November 2004
• Stress claims, highlighting a High Court stress related case, Corporate Risk, June 2004
• Chemical reaction, covering what employers can do to minimise the asbestos risk to the employees, and the risk of claims against themselves, Human Capital, February 2004
• Asbestos: is your company sitting on a time bomb? The Risk Management Journal, Professional Updates: Insurance Law, September 2003
• Hire your labour hire well, Risk Management Journal, November/December 2002.

Seminars:

• The Statutory Process, including calculation of WorkCover premiums, on 14 September 2006
• Managing your workers’ compensation claims, paper presented at the Convention Centre, Brisbane 2004 – covering minimising your exposure to common law claims, practical advice managing common law claims, case studies and looking at poorly managed damages claims
• The new WorkCover Act - A brief review at the Novotel, Brisbane
• Managing Common Law Claims in Labour Hire Cases, presented at Drake Australia, Brisbane, a review of work practices in the common law claims
• Occupational Health & Safety roles and responsibilities – a practicable overview, at the 2004 Queensland Chamber of Commerce and Industry Conference.