Area of law
Recoveries
On average, 15% of a general insurance claims book represents a missed recovery opportunity.
At HBA, recoveries are a forethought not an after-thought. Ensuring losses are borne by the responsible party is always front and centre in our minds as we work through each matter, regardless of the claim type.
We combine deep legal expertise with practical insight into insurer priorities. Clients rely on HBA to deliver recoveries that are not only legally sound but also aligned with your broader claims management objectives.
We act for insurers in all aspects of recoveries and subrogation, helping you recoup funds paid under insurance policies and manage exposure effectively. Our team brings deep technical knowledge and strategic insight to complex recovery matters, ensuring you maximise recoverable amounts while managing legal and commercial risk.
The HBA team understands that every dollar recovered contributes directly to your bottom line, and we structure our approach to balance cost, risk, and likelihood of success.
Extensive experience acting in recoveries across a variety of claim types, including:
- Property damage – multi-party disputes, contractor and trades recovery, neighbouring property claims, logistics and freight
- Motor vehicle – at-fault driver claims, uninsured and underinsured recoveries
- Construction & infrastructure – defect claims, contractor liability, joint venture and subcontractor disputes
- Professional indemnity – recouping losses from negligent advisers or service providers
- Environmental & statutory liability – contamination, clean-up costs, and regulatory recoveries
- Third party recovery – recouping losses from liable third parties
Our work frequently involves high-value claims, multi-party litigation, and coordination with technical experts, including engineers, surveyors, forensic accountants, and loss adjusters.
Managing recoveries demands strategic insight and careful execution. While we are a team of experienced litigators, our focus is always on achieving a successful outcome long before litigation becomes necessary. We approach every recovery with clear awareness of the potential impact on time, cost, and resources.
“I have worked closely with HBA Legal for over 3.5 years in my capacity as a Claims Consultant. HBA Legal consistently delivers commercially focussed legal service and advice. Their lawyers are approachable and supportive, explain complex legal issues and procedures in plain English, assisting me to manage and resolve claims with confidence and clarity. HBA Legal can be trusted to get the job done with a high level of skill and care and I would always recommend them to others.”
Claims Consultant
Australian Insurer
Some recent wins ...
Goods in transit
We acted for insurers on a subrogated basis, seeking recovery of loss following the theft of goods from a delivery vehicle.
The contractual agreement between the insured and the delivery company sought to reduce the company’s liability to a nominal $500. Under similar circumstances previously, contractual terms have been upheld by Australian Courts (see, e.g. Espresso Company Australia Pty Ltd v Savino Del Bene Australia Pty Ltd [2020] NSWLC 13).
We chose to pursue the delivery subcontractor who had (arguably) acted negligently. While the limited liability provision in the head contract sought to extend to subcontractors, we successfully argued that negligence mitigated the exclusion in respect of the subcontractor, in the circumstances of the case.
Ultimately, we were successful in achieving recovery on the total loss amount claimed.
High wall collapse
HBA acted for a mining operator following a high wall collapse which damaged equipment. Recovery action was required to recover the costs of the damaged equipment from the at-fault contractors. We were entirely successful.
Recovery following motor vehicle accident
Extensive damage was caused to a retail liquor store, restaurant and hotel when a vehicle crashed into the buildings. We assisted the owners to pursue litigation against the driver of the vehicle to recover the costs of the damage to the buildings, as well as related business interruption costs.
