Mario Raciti

• Labour Hire: Acted for a cleaning company in a claim for personal injury. This claim arose after a slip and fall incident at an open-air shopping centre. The owners and managing agents for the shopping centre were also involved. Through complex negotiations involving detailed submissions on the application of case law and probabilistic reasoning as to the likely cause of the incident, settlement was agreed on a 50/50 basis with the managing agents who, until that stage, had refused to accept significant responsibility for the incident.
• Mining: Defended a claim against a Swiss insurer resulting from an explosion and fire at an underground mine in Tasmania. The explosion and fire caused major property loss and significant consequential financial losses, which the plaintiff alleged were due to a breach of professional duty and concurrent breach of contract terms. Ascertaining the facts of the claim involved investigating a broad range of complex issues, and sourcing and appointing key experts from across Australia, in relation to liability and assessment of quantum.
• Manufacturing: Acted concurrently for Swiss and London-based insurers on a shared first excess layer in connection with a gas explosion and resulting fire that completely destroyed a factory. The resulting property liability and business interruption claim was valued at up to $212 million and significantly exceeded the primary layer, potentially threatening the second excess layer as well. Mario was able to engage with the insured client and the primary insurer, to represent and advance the interests of excess-layer insurers. He also maintained cooperative relationships with solicitors and counsel appointed for the primary layer, remaining fully abreast of the evidence in case excess-layer insurers were obliged to assume control of the proceedings. This matter was ultimately resolved with minimal disruption or prejudice to the interests of all insurers.
• Retail: Mario acts for the owner and operator of several large Queensland-based shopping centres, defending all claims arising from personal injury, including slip and falls, compensation to relatives, and master/servant claims.
• Retail: Mario acted for a cleaning company in relation to a pre-litigated claim where serious physical and dental injuries were alleged and the insured was likely to be held liable. By adopting a proactive strategy focusing on a lack of tangible evidence of overt negligence, and challenging the validity of the dental injuries, while extracting contribution from the owner/occupier, this resulted in a commercial resolution of the claim prior to any significant costs.
• Construction & Engineering: Acted for a Swiss primary-layer insurer that insured a large Australian mining engineering company in Perth. The claim for US$364 million involved the design and fabrication of three oil and gas platforms in the Middle East, transportation to the site in the Arabian Sea, and erection and onsite commissioning. The claimant was an India-based petrochemical company, with a parent in the United Kingdom. The claimant alleged breach of contract and professional duty by the insured contractor.

Mario has a well-rounded and agile advocacy style that demands results.

He understands that not every file should be managed the same. He adopts a practical and cost-effective approach to all files, securing early outcomes where appropriate.