Sarah Metcalfe

Full Profile

Sarah's experience includes representing building and construction professionals including architects, building surveyors, engineers, builders and construction managers in a broad range of professional liability claims including complex-multi-party construction disputes and disciplinary proceedings. Sarah has also advised insurers and represented lawyers (and law firms), accountants and financial advisers in professional indemnity claims.

Sarah advises life insurers on TPD and income protection claims and acts on behalf of insurers in litigated life insurance matters. Sarah has defended numerous life insurers and trustees in proceedings brought by plaintiffs claiming TPD benefits under group life insurance policies. Sarah has successfully settled many of these claims on favourable terms. Her analysis of documents and attention to detail has helped achieve prompt, commercial outcomes for her clients.

She also advises insurers in public liability and cyber claims. Sarah regularly advises insurer clients on coverage issues under professional indemnity and public liability policies.

Sarah's expertise lies in her ability to identify key issues in matters and negotiate commercial outcomes for clients.

Sarah has represented clients in both large scale litigation and in small claims. She holds a Bachelor of Science degree in addition to her law degree.

Experience

Professional indemnity

• Sarah represented Elenberg Fraser Architects in the Lacrosse 'test' case for ACP cladding disputes. This case is currently under appeal to the Court of Appeal.
• Sarah is currently representing numerous architecture firms in claims brought against them in VCAT regarding the design and construction of high rise residential buildings with non-compliant ACP cladding and other building defects.
• Sarah represented a top tier law firm in a proceeding brought against it and 10 other defendants by a listed company alleging the law firm had given negligent advice and breached its fiduciary duties.
• Sarah represents an electrical engineering company in a multi-party litigated matter in the Supreme Court of Victoria concerning an electrical fire that caused significant damage to a supermarket.

Contractual disputes

• Sarah currently represents a large building company in a multi-party proceeding in VCAT concerning the construction of a high rise building with defective plumbing equipment.

Life insurance

• Advising and representing MLC Ltd in a complex proceeding currently running in the District Court of Queensland involving claims for TPD and income protection and fraudulent non-disclosure.
• Advising and representing Westpac Life Insurance Services Ltd in a claim brought by a plaintiff against Westpac for payment of Income Protection and TPD. Westpac had voided the policy from inception pleading fraudulent non-disclosure by the plaintiff, in its defence. Sarah's forensic examination of the plaintiff's medical records assisted in placing Westpac in a good position to achieve an early resolution of this matter.