Lachlan Heather

Special Counsel

Lachlan has over 10 years’ experience working on behalf of local and international insurers and their clients in litigated and unlitigated claims. His main practice areas are acting in public liability, professional indemnity (including disciplinary investigations), product liability and property (including construction and environmental) damage claims.

He is particularly experienced in managing complicated litigation, including catastrophic injury claims. Lachlan has also advised government departments, including local councils, and their insurers on public liability claims as well as claims relating to development approvals and nuisance.

Lachlan regularly appears in the Supreme Court of NSW and District Court of NSW. He has acted for the successful party in a number of important cases including:

  • Bettergrow Pty Limited v TransGrid (No 2) [2018] NSWSC 514 (environmental/construction);
  • Richtoll Pty Ltd v WW Lawyers (in Liquidation) Pty Ltd [2016] NSWSC 438 (solicitor negligence);
  • Buckworth v Gladio Pty Ltd [2016] NSWCA 54 (contract and corporations law);
  • Registrar-General of New South Wales v LawCover Insurance Pty Ltd [2014] NSWCA 241 (claim for indemnity);
  • JJES Pty Ltd v Sayan [2014] NSWSC 541 (solicitor negligence);
  • JJES Pty Ltd v Sayan (No 2) [2014] NSWSC 975 (costs orders obtained against director of plaintiff company);
  • Rail Corporation NSW v King [2014] NSWCA 207 (public liability – catastrophic injury);
  • Streller v Albury City Council [2013] NSWCA 348 (public liability – catastrophic injury);
  • Mark Bartley v Rail Corporation NSW [2012] NSWDC (public liability); and
  • Anthony Quinn v Toll Ipec Pty Limited & Ors, Anthony Quinn v Toll Pty Limited [2011] NSWDC 71 (public liability/CTP/workers compensation).

He has participated in many mediations and informal settlement conferences and is an experienced and skilful negotiator.

Lachlan is a member of the Australian Insurance Law Association (AILA), the Law Society of NSW, the Young Insurance Professionals (YIPS) Australia and the NSW Claims Discussion Group. He is the author of several published articles – including in the Australian Civil Liability journal.

Aug 16, 2018

INSIGHT: Case note: Your Onus or Mine?

Refresher on damages for economic loss and domestic assistance where there are pre-existing conditions. Gulic v Angelovski[1] Facts  Mr Gulic was injured in a motor vehicle accident (MVA) in 2004.  In 2013, he commenced proceedings in the District Court of NSW at Sydney against separate firms of solicitors, alleging breach of duty by the solicitors […]

Jul 18, 2018

INSIGHT: The duty of care requirement – not to be taken for granted

Bettergrow Pty Limited v NSW Electricity Networks Operations Pty Ltd as trustee for NSW Electricity Networks Operations Trust t/as TransGrid (No 2) [2018] NSWSC 514[i] The recent New South Wales Supreme Court decision (Ball J) in Bettergrow v TransGrid (No 2) provides useful guidance on how the established elements of negligence should be applied in […]