Nick R Dubrow


Barrister | Accredited Mediator

Admitted:
7 May 1997
Bar:
23 May 2002
Location:
Room N/A, Castan Chambers,
Call Foley’s on 03 9225 7777 to discuss availability
PROFILE

Nick has practiced exclusively in common law and personal injury matters for over two decades. This has included Transport Accidents, Workers Compensation, Public Liability, Comcare, Medical Negligence, Class Actions and Institutional Abuse. 

He regularly appears in damages trials, serious injury applications, mediations and settlement/case conferences. In addition to appearance work, Nick maintains a substantial advice and paperwork practice, including affidavits in support of Serious Injury in TAC and Workcover matters. 

Prior to joining the Bar, Nick was a solicitor at Maurice Blackburn in Personal Injuries Litigation. He then read with Dr Ian R L Freckelton AO KC. 

Nick is a member of the Australian Lawyers Alliance, Common Law Bar Association and Compensation Bar Association. 

 

Significant Judgements (examples)

Transport Accident Commission v Maara Serwylo [2011] VSCA 305

  • Appearance for the respondent in Application for leave to appeal from decision of judge of Trial Division.  Accident compensation – Transport accident – Lumbo-sacral spinal impairment – AMA Guides – construction issue. Leave refused.  Unled at original VCAT hearing.  Led by Dr Ian Freckelton KC.

 

Victorian WorkCover Authority v Elsdon [2013] VSCA 235

  • Appeal from judicial review of assessment of impairment by medical panel under s91 of the Accident Compensation Act 1985 (Vic) – Failure by medical panel to apply Serwylo amounted to jurisdictional error – Opinion of medical panel quashed.
  • Impairment assessment of Multilevel fractures of transverse process — Whether constituted ‘multilevel spine segment structural compromise’ — Whether Panel decision vitiated by jurisdictional error — Whether expert evidence admissible on question of construction of Guides — Appeal dismissed — Transport Accident Commission v Serwylo [2010] VSC 421 applied.  Led by Ian Freckelton KC.

AREAS OF PRACTICE

Common Law
Inquests, Inquiries, Tribunals & Commissions

Profile1

Nick has practiced exclusively in common law and personal injury matters for over two decades. This has included Transport Accidents, Workers Compensation, Public Liability, Comcare, Medical Negligence, Class Actions and Institutional Abuse. 

He regularly appears in damages trials, serious injury applications, mediations and settlement/case conferences. In addition to appearance work, Nick maintains a substantial advice and paperwork practice, including affidavits in support of Serious Injury in TAC and Workcover matters. 

Prior to joining the Bar, Nick was a solicitor at Maurice Blackburn in Personal Injuries Litigation. He then read with Dr Ian R L Freckelton AO KC. 

Nick is a member of the Australian Lawyers Alliance, Common Law Bar Association and Compensation Bar Association. 

 

Significant Judgements (examples)

Transport Accident Commission v Maara Serwylo [2011] VSCA 305

  • Appearance for the respondent in Application for leave to appeal from decision of judge of Trial Division.  Accident compensation – Transport accident – Lumbo-sacral spinal impairment – AMA Guides – construction issue. Leave refused.  Unled at original VCAT hearing.  Led by Dr Ian Freckelton KC.

 

Victorian WorkCover Authority v Elsdon [2013] VSCA 235

  • Appeal from judicial review of assessment of impairment by medical panel under s91 of the Accident Compensation Act 1985 (Vic) – Failure by medical panel to apply Serwylo amounted to jurisdictional error – Opinion of medical panel quashed.
  • Impairment assessment of Multilevel fractures of transverse process — Whether constituted ‘multilevel spine segment structural compromise’ — Whether Panel decision vitiated by jurisdictional error — Whether expert evidence admissible on question of construction of Guides — Appeal dismissed — Transport Accident Commission v Serwylo [2010] VSC 421 applied.  Led by Ian Freckelton KC.