Directors & Officers

 
Claims against companies and their directors can be complex and difficult to navigate. Our experienced lawyers are regularly engaged by primary and excess layer insurers to act as coverage, monitoring and/or defence counsel in Directors and Officers claims, including those which are high profile, complex and involve significant quantum.

Experience

  • Acting as coverage counsel for a large excess layer insurer of IOOF in their various Royal Commission related notifications.
  • Acting as coverage counsel in an ASIC investigation and prosecution arising from misleading and deceptive conduct in promoting financial products. This Insured notified late with a global lawyer acting at exorbitant hourly rates. Advising underwriters, we negotiated a policy reimbursement that was 50% of the insured’s total claim for indemnity.
  • Acting for various financial services entities (mainly superannuation) in responding to statutory notices and interview of witnesses in the recent Royal Commission.
  • Responding to and defending regulatory investigations and litigation by ASIC, ACCC, ATO, APRA and other regulators, including in numerous private examinations and in respect of civil penalty actions.
  • Acting for non-executive directors of a failed regional non-bank lender (Banksia Securities Limited) in connection with the defence of one of the largest investor class action proceedings in Victoria, and in related litigation by special purpose liquidators, public examinations by the company’s receivers, as well as ASIC investigations and public examinations in respect of alleged breaches of directors’ duties.
  • Defending a director sued for misleading and deceptive conduct in a $21M+ Federal Court action ultimately abandoned against our client with all costs paid.
  • Acting for the former CEO and CFO of Dick Smith in four actions alleging misleading and deceptive conduct in connection with finance facilities.
  • Representing a former director of Tennis Australia in ASIC v Mitchell & Healy.

Key contacts

Gemma is an experienced insurance lawyer specialising in construction, financial lines and environmental product lines.

David is a partner with over 25 years' experience practising as an insurance risk and dispute resolution adviser.

Matthew Curll

Partner & Insurance National Practice Leader

Co-Head of Financial Services & Insurance

Matthew is a leading insurance lawyer and co-lead of the firm's National Financial Services + Insurance Industry Group.

Drew is an insurance and commercial litigation lawyer, specialising in the defence of professional negligence claims.

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