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Tristan Smith

Tristan Smith

Senior Associate (Australia)

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



Tristan assists clients in resolving commercial disputes, including through negotiation, ADR, litigation and arbitration. He specialises in insurance disputes, with experience assisting policyholders and brokers on claims and coverage issues in relation to all types of insurance and reinsurance. He also advises in relation to a wide range of general commercial disputes.
Tristan also acted as interim Chief Legal Counsel for Europe, the Middle East and Africa at a global reinsurance broking firm while on secondment from Herbert Smith Freehills.
Tristan's recent experience includes advising:
  • a professional services company in relation to a claim under its professional indemnity policy for third party claims made against it by a number of local authorities;
  • an international bank in a claim to recover outstanding loan payments under an export credit insurance policy;
  • 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, including the application of a LEG 3 exclusion clause; 
  • interim Chief Legal Counsel for the Europe, Middle East and Africa region while on secondment from Herbert Smith Freehills at a leading reinsurance broking firm in London;
  • an engineering contractor in a trial in the Supreme Court of Queensland claiming indemnity from its London based insurer following the destruction of an Armidale Class Naval Patrol Boat owned by the Royal Australian Navy;
  • various clients on issues concerning policy interpretation, contract law, negligence, internal investigations 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 advanced 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.