Area of expertise

Insurance Law

  • Dust & Toxic Tort
  • General Insurance
  • Administrative Law
  • Commonwealth Compensation
  • Public inquiries

Brendan O’Brien

Partner DipLaw (LPAB)

office Sydney
phone +61 2 9234 4617

Brendan O’Brien has significant experience in administrative law and litigation, Commonwealth military and workers’ compensation, dust diseases litigation, general insurance litigation and dispute resolution and public inquiries.

Brendan’s clients include NSW and Commonwealth government agencies and state owned corporations, national employers and insurers.

Brendan has advised Commonwealth departments and agencies and regulatory bodies, on a wide range of administrative law issues from freedom of information and privacy to natural justice and merits and judicial review. Brendan has also acted in merits review cases in the Administrative Appeals Tribunal (AAT) and on judicial review applications to the Federal Circuit Court of Australia and on appeals to the Federal Court of Australia.

Brendan has extensive experience in compensation claims in the Commonwealth jurisdiction under the Safety, Rehabilitation and Compensation Act in relation to which he has advised and acted for government agencies and self-insured employers in matters before the AAT and on appeals in the Federal Court.

Brendan also has broad experience in litigation in the Dust Diseases Tribunal of NSW and the claims resolution process under the Dust Diseases Tribunal Regulation 2013.

Brendan’s general insurance liability experience includes acting for the Commonwealth, NSW governments and state owned corporations, as well as private corporations in relation to claims for workplace injuries, medical negligence and claims for damage to property.

Brendan has been involved as a senior lawyer on a number of coronial inquests and public inquiries, including inquiries into allegations of sexual and other abuse within a Commonwealth agency and a Royal Commission into institutional responses to child sexual abuse.

Brendan also regularly provides in-house training and seminars on recent legal developments and strategies for management of litigated and non-litigated cases.

Published Articles

High Court reinstates important distinction between injury and disease in compensation case

Legal Directions

Introduction and background On 11 May 2016, the High Court of Australia considered the meaning of “injury (other than a disease)”…

Continue reading

Professional Membership

  • Australian Institute of Administrative Law
  • Law Society of New South Wales