Fraud Investigation a speciality of Courtney & Co Solicitors


This presentation by David Courtenay of Courtenay & Co Solicitors, Lane Cove is available for download.




I am not an investigator.

For me to suggest to investigators how to go about their business therefore seems to be a bit of a fraud.

I do, however, run fraud cases.

As part of that exercise I analyse investigations.  I then use the data to run a case.  I am therefore a customer and can give a bit of customer feedback.

Over the years you get a good idea as to whether you are looking at a good investigation or a bad one.

Generally the key is precision.

With a good investigation you can, in general, at some crucial point in time, say to a judge:

“Your Honour, what was said by witness X is
plainly untrue and cannot be accepted as …”

The reason I then trot out needs to be solid.

  • I am accusing someone, in open court, of not telling the truth.
  • If I get it right I destroy their credibility.
  • If I get it wrong I destroy both my own credibility and that of my client.
  • The stakes are high and there is no second chance.

Today I propose to:

1. Do a quick recap on onus – who has to prove what in an insurance claim

2. Do a quick recap on Fraud – what is it?

3. Discuss Investigation

4. Look at some examples

5. Let you talk about current issues in an open context

Before I go on I’d like to stress that in my view the primary role of an insurance company is to honor and pay valid claims.  I also remind everyone that it amounts to professional misconduct for a solicitor to suggest a claim can be denied upon the basis of fraud unless the allegation can be proven

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David Courtenay


David specialises in litigation and has acted for a number of major banks, institutions and insurance companies.  David regularly delivers presentations to industry bodies.

Publication | Investigating Fraud