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Tom Miller

LLB (Hons), BEcon

Special Counsel - Canberra

Areas of Expertise

Dispute Resolution & Litigation, Government

Expertise

Tom is a specialist in litigation and investigations, focusing on Commonwealth clients. He has extensive experience in a range of legal areas, focused on litigation, inquests, and inquiries, including: administrative law, commercial law, insurance and personal injury, defamation, aviation law, coronial investigations and inquest, integrity and corruption  inquiries, and disciplinary investigations under the Australian Health Practitioner Regulation Agency (AHPRA).

He has represented clients in various courts and tribunals, including the High Court and Federal Court, ACT Supreme Court, Industrial Court, and Magistrates Court, the NSW Supreme/District Courts, WA Supreme/District Courts, SA Supreme Court, the NSW Dust Diseases Tribunal, the Queensland Supreme Court, the Administrative Appeals Tribunal, the ACT Civil and Administrative Tribunal, the ACT Coroner’s Court, and the Australian Human Rights Commission.

Experience

Dispute Resolution & Litigation

  • acting for CASA in a range of administrative and civil legal proceedings involving regulatory actions, as well as actions in negligence, including against aviation companies seeking damages for lost aircraft, and private individuals seeking damages for personal injury and compensation for the deaths of relatives.  Proceedings filed in the AAT, FCA, QLDSC, SASC, and NSWSC
  • acting for Home Affairs in litigated disputes involving claims in negligence for pure economic loss, per quod servitium amisit, and personal injury
  • acting for AFSA in FCA proceedings involving allegations of misfeasance in public office and negligence relating to the management of an estate in bankruptcy by the Official Trustee 
  • acting for ASIC and executive staff in high profile defamation proceedings filed in the FCA
  • acting for the AFP in ACTSC proceedings involving a claim in negligence, arising in relation to an alleged failure to investigate and prosecute
  • acting for the office of a member of parliament concerning a civil claim for unfair dismissal, and in negligence for an alleged failure to adequately investigate allegations of sexual assault
  • acting for and advising health practitioners in relation to professional indemnity matters 
  • acting for Comcare in the Administrative Appeal Tribunal concerning merits review of administrative decisions made under Safety, Rehabilitation & Compensation Act 1988 
  • acting for private insurers in response to civil claims, including under workers compensation, public liability, directors’ and officers’ liability, products liability, and defamation insurance policies
  • acting for NDIA concerning claims for breach of common law and statutory duties relating to claims for pure economic loss and personal injury damages.

Inquests & Inquiries

  • advising and acting for a Commonwealth officer concerning a coronial inquest by the ACT Coroner into the death of an employee of the Australian Antarctic Division
  • acting for a board member in response to an investigation by the ACT Integrity Commission 
  • acting for health practitioners in coronial inquests and inquiries 
  • conduct of internal investigation and advice to Commonwealth entity concerning potentially referable conduct under National Anti-Corruption Commission Act 2022
  • acting for and advising witness involved in Integrity Commission public hearings for Operation Kingfisher.

Regulatory

  • advising private entity in relation to acquisition of an approved Continuing Airworthiness Maintenance Organisation and Parts Manufacturer (Aviation)
  • advising ACQSC administrative decision makers on applications for approval to provide home and residential care
  • advising administrative decision makers on applications for workers compensation
  • acting for and advising health practitioners concerning AHPRA regulatory action
  • advising CASA concerning the exercise of administrative and regulatory powers under the Civil Aviation Act 1988 and subordinate legislation.