Profile

Alen is a Special Counsel in the Insurance team at Kennedys in Perth. He specialises in insurance litigation relating to professional indemnity, directors' and officers’, property and employment practices liability claims. He also advises insurers on policy coverage.

Alen has acted in many high profile and complex disputes and is recognised by clients for his technical expertise and commercial approach when acting in contentious matters. His broad range of experience in State and federal jurisdictions extends from cases such as contractual disputes and sexual harassment claims to coronial and regulatory inquests and claims for defamation. Alen also pursues subrogated recovery claims on behalf of insurers.

Qualifications and admissions

Qualifications

  • Bachelor of Laws | Murdoch University | 2010
  • Graduate Diploma of Legal Practice | College of Law | 2012

Admissions

  • Supreme Court of Western Australia | 2012
  • High Court of Australia | 2012

Market recognition

2024

  • Rising Star for 'Insurance Law'
    Australasian Lawyer 2024
  • Recognised in Best Lawyers Australia for 'Insurance'
    Best Lawyers Australia 2024

Work highlights

Employment Practices Liability

  • Acting for a local government in a claim brought against them by a former senior employee in WA Industrial Relations Commission and then the Industrial Appeal Court. The claim concerned whether a CEO has the power under the Local Government Act 1995 (WA) to dismiss an employee or whether that power remains with the Council.
  • Defending an ASX listed company in proceedings brought by its former managing director in the Supreme Court of Western Australia in respect of the termination of his employment.
  • Defending an engineering and fabrication business in relation to a general protections claim brought by a former employee who alleged he was dismissed as a result of being injured at work. The matter proceeded to a final hearing where the claim was dismissed.
  • Acting for an organisation providing crisis management and security services in relation to a sexual harassment complaint brought by an employee in the Australian Human Rights Commission. The employee's complaint centred on conduct occurring outside of Australia. The matter was defended at a conciliation conference and the complaint was subsequently terminated.

Financial Lines and Defamation

  • Defending a firm of finance brokers in the Supreme Court of WA in relation to allegedly negligent advice and misrepresentation about the profitability of a hotel and business.  
  • Defending an accounting firm in the District Court of WA for their alleged failure to, amongst other things, lodge activity statements with the Australian Taxation Office.
  • Advising on indemnity and thereafter defending the insured construction firm in connection with allegedly defective mechanical services work carried out on two commercial office buildings.
  • Advising on indemnity under a master professional indemnity insurance policy for nurses, and assisting the insured nurse with defending a complaint made to the Australian Health Practitioner Regulation Agency. 

Regulatory Investigations / White Collar Crime

  • Acting for a number of employees of the City of Perth during public and private hearings of the Inquiry into the City of Perth. 
  • Defending a local government in a prosecution brought under the Environmental Protection Act 1986 (WA) for unauthorised clearing of native vegetation.
  • Representing a construction company during an investigation by the Corruption and Crime Commission into contracting arrangements between private contractors and the North Metropolitan Health Service.
  • Advising a local government during an investigation by the Corruption and Crime Commission into misconduct by the CEO and other officers including in relation to failures concerning conflicts of interest.