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Tristan Smith

Tristan Smith

Senior Associate

Tristan is a commercial litigator with a focus on insurance disputes.



Tristan specialises in resolving complex commercial disputes, with particular interest and experience assisting policyholders and brokers on claims and coverage issues in relation to all types of insurance and reinsurance. 

Tristan recently acted as interim Chief Legal Counsel for the Europe, Middle East and Africa regions of a global reinsurance broking firm while on secondment from Herbert Smith Freehills.

Tristan's recent experience includes advising:

  • the Financial Conduct Authority in its seminal business interruption insurance test case for losses arising out of COVID-19, as well as various policyholders with COVID-19 claims
  • a financial institution in relation to a $100m+ claim under a trade credit insurance policy
  • an insurer in Commercial Court litigation concerning an indemnity claim
  • an EPC Contractor in a claim under its Construction All Risks policy concerning coverage for physical damage arising from a chemical leak at a Phosphoric Acid Plant
  • insurance and reinsurance brokers on their most complex professional negligence claims and investigations
  • various clients in relation to issues of policy interpretation, general dispute resolution and settlement strategy and engagement with regulators (including the FCA, Lloyd's and ASIC/ACCC).



Tristan holds a Master of Laws with First Class Honours from the University of Melbourne, specialising in commercial and public law. He also holds Bachelor’s degrees in Law and Business from Griffith University, graduating with First Class Honours and the University Medal in Law. Tristan is admitted in the Supreme Court of Queensland and the High Court of Australia.