Travis Toemoe

Travis Toemoe

Travis is a Partner in King & Wood Mallesons' Sydney office where he specialises in large scale litigation across the energy & resources and construction industries. He also has a strong background in advising on insurance issues - both contentious and non-contentious.

He recently ran a $535M dispute over a Queensland coal mine and has been singled out by clients for his 'tenacious and proactive' approach to defending claims.

Prior to joining King & Wood Mallesons, Travis spent over four years working in the UK during which time he acted for a number of British manufacturers, local and county councils, general insurers and Lloyds syndicates. He focused mainly on commercial litigation and insurance. He has also acted for rail and bus organisations both domestically and overseas.

Travis is admitted to practice in both New South Wales and England.

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Some of Travis' recent experience includes:

  • Acting for a large multinational in its pursuit of the EPCM contractor on a failed project to expand an underground mine. This claim has involved complex underground engineering and construction issues as well as a significant dispute over the application of a consequential loss exclusion
  • Advising a large engineering and mining services contractor on a significant construction dispute over the Pluto LNG project. Travis prepared and advised on the technical engineering aspects of the claim
  • Acting for the Principal and its directors on a significant construction and shareholders dispute concerning the construction of a diesel storage facility at the Port of Mackay in Queensland
  • Representing various pipeline infrastructure owners on disputes concerning construction and access
  • Advising a large Australian building contractor on product liability claims against an overseas  supplier of failed building materials causing significant repair costs
  • Representing 5 major Japanese insurers on the defence of claim for a flooded Queensland coal mine. This included project managing the matter across two KWM offices and obtaining witness evidence from witnesses in four overseas jurisdictions
  • Representing an Australian food supplier in the successful resolution of its product liability claim against the German manufacturer of a significant and operationally critical piece of equipment. This case required a detailed understanding of the technical specifications of the machine and the products it processed
  • Acting for a well-known building products manufacturer on D&O insurance and indemnity issues arising from high-profile court proceedings brought by ASIC
  • Responsibility for the successful appeal to the High Court (Hunt&Hunt v Mitchell Morgan) over the scope and operation of Australian proportionate liability laws
  • Advising on business interruption insurance issues arising out of an explosion on a gas pipeline causing disruption to energy supplies.

Recent matters

  • Indemnities and insurance coverage
  • Acting on behalf of a top tier Australian law firm defending a claim made by the Executors of Sir Donald Bradman's estate. The plaintiff's name attracted significant media attention requiring careful management
  • Acted on behalf of another top tier Australian law firm in successfully defending a substantial and complex professional negligence claim arising out of an alleged failure to properly advise on a substantial commercial transaction. As well as addressing the usual matters of breach of duty, this case also required substantial analysis of the complex underlying commercial agreements and the applicability of professional standards legislation.

Experience

  • 2008: Senior Associate, Mallesons Stephen Jaques, Sydney
  • 2007-2008: Solicitor, Mallesons Stephen Jaques, Sydney
  • 2004-2006: Senior Associate, Beachcroft Wansbroughs, England
  • 2004: Post Grad Diploma in Advanced Litigation (Nottingham)
  • 2002-2004: Solicitor, Beachroft Wansbroughs, England
  • 2000-2002: Solicitor, Astridge & Murray, Sydney
  • 1999: Bachelor of Science (Environmental Biology)
  • 1999: Bachelor of Laws (Hons).

Location

Legal insights

The Supreme Court of Victoria has considered whether an insured buyer under a warranty and indemnity (W&I) policy is entitled to indemnity from an insurer in circumstances where it relied on income...

13 November 2019

The Supreme Court of Tasmania recently handed down a decision on privity of contracts in Clarence City Council v Commonwealth of Australia [2019] FCA 1568.

21 October 2019

In the recent decision of Sandvik Mining and Construction Australia Pty Ltd v Fisher [2019] WASC 352, the Supreme Court of Western Australia considered an application to prevent the enforcement of an...

17 October 2019

A recent NSWSC decision has considered whether a Contractor had reasonable cause to suspend works for the failure by the Principal to pay $177.20 in interest on a late progress payment under a $66...

10 October 2019

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