KEELY GRAHAM
SPECIAL COUNSEL
Email kgraham@leeandlyons.com.auAdmission Date 14 December 1994
Professional Experience
Keely Joined Lee & Lyons in March 2011. She has been practicing in professional indemnity for over 15 years and is recognised for her commercial and legal skill in advising insurers and representing medical and clinical practitioners, class actions respondents, directors and officers, financial advisors, liquidators, and lawyers. Keely also has extensive experience representing other professionals, including valuers, real estate agents and accountants.
Keely also advises insurers and publishers and acts for insured defendants in the full spectrum of defamation proceedings.
Some examples of Keely’s recent experience include:
• Advised an insurer and acted for insured financial advisors in claims against them regarding Westpoint
• Acted for D&O excess insurers in the Centro Class action (prior to maternity leave in 2009).
• Acted for the non-executive directors of HIH in the civil claim by the liquidators of HIH.
• Advised insurers of a liquidator sued for allegedly commencing proceedings in malice and as an abuse of process.
• Acted for insurers of a liquidator sued in 3 sets of proceedings in relation to whether certain choses of action vest in the liquidator or others. • Acted for excess D&O insurers in the Sons of Gwalia class action.
• Acted for the D&O insurers of Fortescue Metals in relation to the claim by ASIC against Forrest, being the first time ASIC sought an order that a director compensate the Company for any damage the Company suffers by reason of being liable to pay pecuniary penalties.
• Acted for a valuer sued in relation to over 50 valuations performed for a solicitor-lending scheme.
• Acting for a real-estate agent in relation to a significant claim by a purchaser of commercial property.
• Acting for insurers and (in other matters) insureds in relation to collapses of numerous managed investment schemes.
• Acted for the primary D&O and excess PI insurer of Reward Holdings in relation to claims and a foreshadowed class action.
• Acted for the directors of 2 companies in a recent Supreme Court 9 day hearing. Keely first received instructions from the Insurer after 4.30pm the night before the hearing and first received the pleadings after 5.30pm. The Court would not stand the matter over as the Insurer had been notified at the beginning of the proceedings; however the defence was successful and costs were ordered in the Insured’s favour.
• Acted for Grant Samuel in GIO v AMP class action (2002 and 2003).
• Acting in accountant claims ranging from tax advice claims to claims arising out of joint investments made by accountants with their clients.
• Acted for large and small law firms in a broad range of District and Supreme Court matters.
• Currently acting for a home birthing midwife in relation to a catastrophic birth claim.
• Acted for the insurer of a private Queensland hospital, in a matter where an adverse outcome resulted in significant life-long disabilities. No formal claim was made as a consequence of voluntary payments for treatment being extended.
• Acted for a medical practice in relation to a claim brought by a patient. The claim was unmeritorious and a successful application was made to strike it out, with a costs order made against the solicitor representing the plaintiff.
• Acted for a hospital and its nurses in a coronial inquiry into the death of an elderly patient, found to have elevated levels of pethidine in his blood. No adverse findings were made and Keely assisted in managing the media interest in the result.
• Represented nurses of a hospital who were called to give evidence in criminal proceedings. There were no adverse comments by the magistrate. Keely then recommended amendments to the hospital's training and policies regarding consent to treatment, the application of restraint, assessment of patient capacity and when to call the Police. Keely suggested systems for implementation and then arranged training of the hospital nursing staff.
• Had primary conduct of the defence of 4 catastrophic birth injury cases and a significant meningococcal case.
• Acted in a seminal 'failure to warn' case of McKellar & Blake (some time ago).
• Advising insurers in relation to a defamation claim against officers of one of Australia's largest companies.
• Acting for a national sports show in a claim brought by a football coach.
Dispute resolution
As a highly experienced dispute resolution lawyer, Keely is skilled in assessing claims, setting accurate reserves, proactively identifying potential areas of risk and developing effective claims management strategies. Keely is experienced in all methods of formal and informal alternative dispute resolution and has conducted mediation and settlement workshops for solicitors. However, some matters cannot be resolved on terms acceptable to the client prior to hearing and in such circumstances, subject to instructions, Keely believes in effective preparation and a tough stance at hearing. This is reflected in her very high success rate at hearing.
Professional Memberships
• Law Society of NSW
• Medico-Legal Society (Legal Secretary)
• Australian Insurance Law Association
• Association for Women in Insurance