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Donna Marsh

Special Counsel

Perth

+61 8 6317 0458

Donna has worked exclusively in insurance litigation and personal injury law since she was admitted to practice in December 2011 with a focus on workers’ compensation and negligence.

Donna has over 25 years’ experience in alternative dispute resolution through her roles in the insurance and legal industry. Donna prides herself on being a problem solver and seeks ways to bring a matter to an early resolution, where appropriate.

EXPERIENCE & EXPERTISE

Donna has prepared extensive advices and had the conduct of matters to trial in the Work Health Court Northern Territory, to conciliation and arbitration in WorkCover Western Australia and to pre-trial conferences in the District Court of Western Australia in relation to workers’ compensation claims and motor vehicle personal injury claims.

In addition to providing advices as to causation and liability, Donna has provided advice on joinder of parties to proceedings, the effect of franchise agreements, potential dual insurance, contributory negligence and issues associated with Principal Indemnity clauses.

She has negotiated excellent outcomes on many matters for clients both in the Northern Territory and Western Australia.

Donna’s alternative dispute resolution includes mediations, conciliation conferences, pre arbitration conferences, informal conferences and pre-trial conferences.

Donna is able to draw on her many years of experience in the insurance, legal, tourist and airline industries in understanding the issues faced by employer’s and using that experience in developing strategies to resolve disputes to the satisfaction of her clients.

Donna has significant experience with, and a particular interest in, complex stress claims and claims associated with the mining industry.

ACCOMPLISHMENTS

Donna has negotiated excellent outcomes on many matters both in the Northern Territory and Western Australia, including several matters where the Plaintiff agreed to withdraw their claim or walk away bearing their own costs.

Donna recently assisted in the resolution of a personal injury claim, where in addition to providing an advice as to causation and liability, Donna provided advice on joinder of a party to the proceedings, the effect of franchise agreements, potential dual insurance, contributory negligence and issues associated with the Law Reform (Contributory Negligence & Tortfeasors Contribution) Act, in relation to the effect of damages awarded in one set of proceedings not exceeding the amount of damages awarded in other proceedings regarding the same incident. The Plaintiff was seeking approximately $380,000 in damages, at the third pre-trial conference, the matter was resolved in the amount of $75,000.

Expertise

Qualifications

  • Bachelor of Laws and Business, 2010, Charles Darwin University

Memberships

  • Law Society of Western Australia
  • Australian Insurance Law Association