Law firm Moray & Agnew has expanded its Western Australia team by appointing Garry Nutt as a partner.
Nutt (pictured), a seasoned lawyer with expertise in insurance law, focuses on areas including workers’ compensation, employers’ indemnity, and personal injury claims.
Nutt’s legal practice spans advising insurers and insured clients on managing claims, both contested and uncontested, while also developing resolution strategies.
He has extensive experience as a litigator and has represented clients at all levels of courts and tribunals, including successful appearances in appellate matters before the Court of Appeal and the High Court.
Phil Keays, managing partner of Moray & Agnew’s Perth office, welcomed Nutt’s addition to the firm.
“We’re thrilled to have Garry on board – he enjoys an outstanding reputation in our industry and is a wonderful addition to our growing practice,” he said.
Geoff Connellan, the firm’s national managing partner, also commented on the new hire, emphasising his skills, experience, and expertise.
“The skillsets, experience, and expertise Garry brings complement our very strong workers’ compensation team in Western Australia headed by Daniel Costanzo as well as our national practice,” he said.
The addition of a workers’ compensation expert to Moray & Agnew follows calls for renewed efforts to create a unified national workers’ compensation system.
Gary McMullen, workplace risk director at Aon, recently highlighted inefficiencies in Australia’s current structure, which operates through separate schemes across states and territories.
McMullen, who oversees several large-scale self-insurance programs, argued that the fragmented framework creates challenges for employers and employees alike. He said a national scheme would improve fairness and streamline processes.
Momentum for reform has grown following the federal government’s June 2023 announcement of an independent review of the Safety, Rehabilitation, and Compensation Act 1988 (SRC Act).
The review is examining whether more private-sector employers should be allowed access to Comcare, the federal workers’ compensation system currently covering Commonwealth employees and a limited number of national companies.
Australia’s workers’ compensation framework has evolved independently across jurisdictions, leading to inconsistent rules for claim handling, benefit levels, and administrative requirements. McMullen described these differences as a source of inefficiency and inequity.
For example, compensation for permanent impairments varies significantly by state, ranging from $713,000 in Victoria to $261,000 in the ACT for similar injuries. Employers operating in multiple states face increased costs and administrative burdens under the current system.
McMullen and other advocates for a national approach argue that a single framework would provide uniformity and reduce administrative costs for employers. It would also address disparities in compensation and benefit levels across states.
Businesses with self-insurance under Comcare, such as National Australia Bank and Virgin Australia, have benefited from the federal system’s streamlined approach. However, access to Comcare remains limited, leaving most employers to navigate varying state regulations.
McMullen suggested that a national scheme could help address the rising costs associated with mental health claims and improve consistency in handling compensation claims overall.
