Brittney Carter is a senior associate in Kennedys Melbourne office with a diverse litigation practice, acting for both Australian and international government and private Insurers.
Brittney has extensive personal injury defence experience in both a WorkCover and transport accident context, having developed an understanding of the serious injury litigation environment working in house at the Transport Accident Commission for the first three years of her career. She has also developed a significant understanding of the Victorian worker’s compensation scheme from working as a solicitor within a Victorian WorkCover Authority panel firm just prior to joining Kennedys.
Since coming to Kennedys, she has expanded her personal injury practice to include Wrongs Act claims and represents insurers and insured clients across a wide range of matters including WorkCover recovery claims, public liability and products liability. She has also expanded her practice to defending builders and engineers in professional indemnity claims arising in building and construction disputes.
Brittney was admitted in the Supreme Court of Victoria in 2020 and is a member of the Law Society of Victoria.
- Successfully convincing a plaintiff to abandon his claim for common law damages after obtaining significant credit material that he continued to work despite claiming a total incapacity.
- Successfully convincing a plaintiff to abandon his claim for common law damages after obtaining significant credit material that demonstrated that the plaintiff continued to enjoy numerous activities of daily living as well as material which challenged the plaintiff’s alleged versions of how the incident occurred, making the plaintiff’s liability case unsustainable.
- Attending numerous Mediations, Pre-Hearing Conferences, Statutory Conferences and Informal Conferences to represent Government personal injury clients and successfully negotiating the plaintiff to withdraw their claim for damages prior to attending Hearing on many occasions.
- Successfully defending a nervous shock claim on behalf of a heater manufacturer following the death of a tenant due to carbon monoxide spillage. This involved assisting in the complex analysis of material which resulted in the client successfully claiming indemnity from a third party and then achieving a “withdraw bear own” settlement from the plaintiffs as well as the four other defendants in their contribution claims.
- Defending the TAC in a complex personal injury matter in which the plaintiff claimed to meet the serious injury threshold under the relevant Act by reason of an ear disfigurement caused by a vehicle being lowered onto his head and his ear requiring amputation. The matter ran to judgement and the Plaintiff failed against Brittney’s client.