Area of expertise

Insurance Law

  • Health Law
  • Professional Indemnity
  • Health Law
  • General Liability

Brenda McGivern

Consultant PhD, LLB (Hons), BCom

office Perth
phone +61 8 6317 0400
email bmcgivern@moray.com.au

Brenda specialises in health law and has significant experience in a range of professional indemnity and liability matters.

Brenda has advised and represented insurers and their insureds in a range of professions with a particular focus on the health industry. In this capacity, she has acted across a broad spectrum of matters, including professional negligence litigation, disciplinary proceedings, professional complaints and inquiries and coronial proceedings.

Brenda has developed a strong interest in risk management as a means of limiting exposure to liability. In particular, she has run a number of legal risk management seminars for health care institutions and practitioners.

Brenda has undertaken substantial research in the areas of torts and health law. Her PhD thesis concerns the role and powers of courts to intervene in obstetric disputes.

Brenda is also an Associate Professor of Law at the University of Western Australia.

Her experience includes:

  • Defending hospitals and health care practitioners in matters alleging serious iatrogenic injury (including proceedings involving multiple defendants and / or complainants, complex expert evidence and catastrophic injury)
  • Acting in formal and informal negotiations to resolve complex health care disputes, including in respect of claims brought by minors and incompetent adults
  • Advising on various legislative regimes and reforms, and the interaction between legislative provisions and the common law, including in relation to the liability of statutory bodies, the national regulation of the health professions, therapeutic product liability and occupiers’ liability
  • Acting for and advising professional regulation bodies
  • Providing indemnity advice and representation to both insurers and insureds, and acting in matters of contested indemnity
  • Appearing in the Supreme, District and Coroner’s Courts of Western Australia and in the State Administrative Tribunal.

Professional Membership

  • Australian Insurance Law Association
  • Clinical Ethics Service (Princess Margaret Hospital and King Edward Memorial Hospital)
  • Law Society of Western Australia
  • Reproductive Technology Council of WA