Claire Tota

Claire is a federal workers’ compensation specialist, having practiced solely in this area since 2016.  Involved at the pre-litigation stage and when matters proceed to the Administrative Review Tribunal or Federal Court, Claire advises and represents Comcare, Australian government entities, self-insured licensees and claims managers. 

Prior to specialising, Claire spent many years working with insurers and self-insured companies across WA state workers’ compensation and public liability matters. She also has a background in commercial law, as well as contracts and procurement.

Claire has deep knowledge of the Safety, Rehabilitation and Compensation Act 1988, handling all aspects of disputed and litigated matters.  Her approach delivers prompt, thoughtful claims management and litigation support, carefully balancing the protection of her clients’ reputations with their financial interests.

Claire’s expertise lies in developing strategic approaches to difficult and complex claims, and dealing with challenging claimants. She provides strategic advice on claims management, vocational rehabilitation, dispute resolution options and general litigation, which maintain a focus on commercial considerations and the obligations of her clients under the federal workers’ compensation scheme.

Claire has been involved in a number of key decisions, including Westrupp v BIS Industries Ltd [2015] FCFCA 173 which clarified the law regarding injuries during employment in the context of fly-on fly-out workers. Her work was also notable in Bis Industries Limited v Dale [2017] 156 ALD 169 in which the Court clarified the operation of the deeming provisions in the SRC Act and confirmed that termination of an employee’s employment, whether voluntary or because of dismissal for misconduct, redundancy or some other reason, may well be a relevant factor for the purposes of determining an employee’s ability to earn in suitable employment. 

She frequently presents at a range of industry seminars on topics that encourage clients to think innovatively about the way they approach each stage of the claims process.  

In addition to claims advice, Claire advises licensees on issues relating to license extension and variation, compliance, reinsurance and recovery. Claire holds a Bachelor of Laws from the University of Notre Dame in Perth. She also holds a Bachelor of Arts (Politics and International Relations), also from Notre Dame.