Experience

Dispute resolution, both coverage and liability disputes by litigation and alternative dispute resolution (ADR) in the following areas:

• Professional indemnity
• Directors and officers
• Commercial litigation
• Building and construction litigation

Significant cases

• CGU v Porthouse - successfully defending an appellant insurer in recent High Court proceedings after indemnity was denied in a claim made under a Barristers Civil Liability Professional Indemnity Policy.
• Acting for an insurer in Supreme Court proceedings after the liquidator of an insolvent mining company sued several directors and officers and CGU as the directors and officers insurer for over $25 million.
• Acting for a firm of engineers in relation to proceedings arising out of the construction of the Sydney Hilton Hotel.
• Acting for a funds manager who specialises in Australian equities and large superannuation funds in a claim for breach of an Investment Management Agreement when the fund failed to notify a client after stocks fell below the capitalisation benchmark.
• Acting for IT software designers and its directors and officers in relation to claim made by a large Petroleum company for breaches of the Trade Practices Act, breach of duty of care and breach of contract. Issues involved a failed IT migration, faulty software, breaches of intellectual property rights and the misuse of confidential information.
• Acting on behalf of a listed company in respect of a claim arising out of share sale agreement. Issues include claims for misrepresentation and breaches of warranties.
• Acting for directors and officers in ASIC examinations and investigations.
• Acting for a director in the MFS Class Action and proceedings commenced by ASIC.
• Acting in Australian Competition and Consumer Commission investigations.
• Acting in Australian Privacy Commissioner’ investigations.
• Acting in Health and Care Complaints Commissioner Investigations.
• Acting in Financial Ombudsman Service complaints.
• Professional and industry participation.

Clients

• Insurers and brokers
• Construction industry professionals
• Corporates