Andrew's practice is concentrated in superior court common law and commercial litigation, with an emphasis in major torts, personal injury, land acquisition/valuation, property, estates and banking matters.
He is an experienced trial advocate, with particular expertise in personal injury claims, and class actions. He was junior counsel in 4 of the 6 class actions arising from the Black Saturday bushfires, involving recovery of very substantial damages for group members affected by the fires.
Most recently he was junior counsel for the lead plaintiffs at the trials of Eades v Endeavour Energy & Ors, Weber v Greater Hume Shire Council and Johnston v Endeavour Energy, in the Supreme Court of NSW; and in Williams v AusNet & Ors, a representative proceeding in Victoria which secured substantial compensation for group members affected by the 2014 Mickleham-Kilmore bushfire.
He has also appeared as junior counsel in a number of Supreme Court proceedings involving applications for compensation under the Land Acquisition and Compensation Act 1986.
Eades v Endeavour Energy  NSWSC 801 (25 May 2018) - security for costs – representative proceedings – where lead plaintiff impecunious – where no litigation funder – consideration of whether proceedings would be stultified
Weber v Greater Hume Shire Council  NSWSC 667 (14 May 2018) - representative proceedings – negligence – plaintiff suffered injury through fire
Williams v AusNet Electricity Services Pty Ltd  VSC 474 (28 August 2017) - group proceeding arising out of 2014 Mickleham bushfire – approval of settlement
Williams v Ausnet Electricity Services Pty Ltd & Ors (Ruling No 2)  VSC 145 (6 April 2016) - interlocutory hearing in relation to 2014 Mickleham bushfire group proceeding - evidence - view in advance of trial
Rowe v AusNet Electricity Services Pty Ltd & Ors  VSC 232 (27 May 2015) - approval of settlement of Murrindindi bushfire group proceeding
Liesfield v SPI Electricity Pty Ltd & Ors (Ruling No 2)  VSC 98 (20 March 2014) - case management – group proceeding arising out of Black Saturday Murrindindi bushfire – trial preparation – implementation of the purposes of the Civil Procedure Act 2010 (Vic)
Campbell v Hazell Bros (Vic) Pty Ltd  VSC 54 (27 February 2014) - application for approval of settlement of group proceeding
Lumley General Insurance Ltd v Port Phillip City Council  VSCA 367 (12 December 2013) - Contract of insurance - Contractors all risk policy – Recovery under contract of insurance pursuant to insurance clause – Construction of insurance clause
Threlfall v TBS Building Services & Ors and VWA v City of Port Phillip & Ors (Ruling)  VCC 981 (28 June 2012) - stay of proceedings pending appeal – costs – offer of compromise and Calderbank offer - indemnity costs
Thomas v Powercor Australia Limited (No 9)  VSC 207 (18 May 2012) - construction of agreement – party-party costs – application for gross sum for costs instead of taxed costs
Powercor Australia Limited v Thomas  VSCA 87 (9 May 2012) - damages – measure of damage for damage to fixtures - damages recoverable for own and volunteer labour
Perry & Anor v Powercor Australia Limited  VSC 113 (29 March 2012) – application for approval of settlement of group proceeding
Markovska v Famco Lighting Pty Ltd & VWA  VCC 48 (13 February 2012) – serious injury application
Thomas v Powercor Australia Limited  VSC 614 (5 December 2011) – application for approval of settlement of group proceeding
Thomas v Powercor Australia Limited  VSC 586 (5 December 2011) - damages ruling at trial - damages recoverable for own and volunteer labour - physical inconvenience
Victorian WorkCover Authority v City of Port Phillip, Kane Constructions Pty Ltd and 350Q BBS Pty Ltd (Ruling)  VCC 1466 (12 October 2010) – Recovery action pursuant to s.138 Accident Compensation Act 1985 – Bullock Order
Threlfall v TBS Building Services Pty Ltd, Kane Constructions Pty Ltd, Port Phillip City Council and 350Q BBS Pty Ltd  VCC 1317 (27 August 2010) – application to join third party during course of jury trial - principles in Aon Risk Services Australia Ltd v Australian National University
Burns v Norvic Food Processing Pty Limited  NSWDC 178 (20 August 2010) – Victorian accident - lex loci delicti - rights to claim common law damages in NSW - s 85(3)(e) Accident Compensation Act 1985
Alford v Evans and Registrar of Titles  VCC 475 (13 May 2010) – adverse possession
Roads Corporation v Love  VSC 154 (23 April 2010) - Calderbank offer
Roads Corporation v Love  VSC 32 (23 February 2010) - land valuation and compensation - compulsory acquisition
To get in touch with Andrew Fraatz | or for more information please contact the Clerk on: +61 3 9225 7222 or email@example.com