Con Kakakios
Con.Kakakios@kennedyslaw.com
+61 2 8215 5988
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Profile
Con is a partner based in our Sydney office, and has over 23 years of experience defending public and product liability claims.
Con is an accredited specialist in personal injury law. He has extensive experience in handling all types of civil liability personal injury claims, including catastrophic injury, amputations and death claims. He has handled claims involving large-scale property damage and often handles matters which are technically complex. He provides advice on coverage and policy issues, including exclusion clauses and the application of dual insurance. Con also acts for manufacturers, occupiers and employers in dust diseases claims.
With an emphasis on occupiers and industrial accident claims, Con has developed a particular expertise in acting in these types of matters which includes handling claims from their inception. He is able to develop and implement strategies in the course of handling a claim to gain the best possible results for clients.
Over the years, Con has worked on matters involving occupiers, developers, head contractors, contractors, product suppliers, manufacturers, health professionals, lawyers, accountants, real estate agents, hostels, nursing homes, religious organisations and schools.
Con has particular expertise in utilising the provisions of the Civil Liability Act 2002 to obtain optimum results for clients. Con has an interest in the ongoing effects of that legislation on the law of torts, as well as the interaction of various statutory regimes. Con has advised insurers and insureds extensively on the effect of section 151Z of the Workers Compensation Act 1987.
Qualifications and admissions
Qualifications/Education
- Law Society of NSW Accredited Specialist – Personal Injury Law | 2008
- Bachelor of Laws | University of Western Sydney | 1999
- Bachelor of Science, Mathematics | University of Western Sydney |1995
Admissions
- Supreme Court of NSW | 2000
- High Court of Australia | 2010
Work highlights
Ahead of joining Kennedys, Con’s notable experience includes:
- Successfully defending a claim for a maintenance contractor brought by a pedestrian who slipped and fell on a pedestrian crossing. The contractor was successful at first instance; on appeal; and in the High Court.
- Successfully defending a contractual indemnity claim brought by a host employer against a labour hire company.
- Successfully defending a claim by a tenant against a landlord in the District Court of NSW for injuries allegedly sustained when using external stairs.
- Successfully defending a claim against a landlord made by a contractor performing work at the neighbour’s premises. The contractor accessed the landlord’s steep driveway and fell. After hearing the evidence, the Court found in favour of the landlord.
- Acting in defence of a claim brought in the Supreme Court of NSW by a plaintiff alleging that the insureds owed a duty of care based on a contract entered with the council to collect garbage. The insureds were the directors of the plaintiff’s employer. The plaintiff was attempting to circumvent the workers compensation legislation and allege that the insureds owed a personal duty analogous to that of the employer. On the third day of hearing, the plaintiff agreed to a verdict being entered in favour of the insureds.
- Acting for a government agency in relation to claim by a plaintiff who sustained catastrophic injury (paraplegia) when the boat he was operating collided with a navigation aid.
- Acting for an insurer of a construction company in relation to a claim for personal injury concerning the design and installation of a glass balustrade at a club. A patron allegedly threw a bottle which shattered a panel on the glass balustrade causing the plaintiff to fall some 6 metres to the road below. Multiple parties were involved including the construction company, architect, project manager and certifier.
- Acting for an energy corporation and handling multiple claims arising from the 2001 Christmas Bushfires; including claims for property damage; consequential loss; and business interruption.
- Acting in defence of a claim involving fire damage to a property assessed at $7.6 million.
- Acting for an insurer of a mining contractor in relation to a claim of negligence in the performance of maintenance and repair work at a mine which caused a fire. The damage was assessed at $43.5 million.
Construction and engineering
Insurance and reinsurance