Our team members are regularly engaged to provide coverage and monitoring advice and act as defence counsel in claims against financial institutions and fund managers. Where appropriate, we draw upon the specialisation of our banking and financial services lawyers, including Philip Hopley who heads our corporate insurance practice (licensing, M&A, W&I) and Jacob Uljans who is a front-end and back-end financial services regulatory specialist.
- Providing coverage advice to a global insurer in respect of the current DDO related prosecution by ASIC of a funds manager.
- Providing coverage advice and acting as monitoring counsel for primary D&O insurers in an ASIC investigation and related class action arising from the collapse of a major listed financial services group. Subsequently, defending directors and officers in litigation by the receivers.
- Providing coverage advice and acting as monitoring counsel for excess layer D&O insurers in a variety of ASIC investigations and prosecutions.
- Acting for non-executive directors of a failed regional non-bank lender, defending one of the largest investor class actions in Victoria, and in related litigation by special purpose liquidators.
- Representing a funds manager and two directors in two ongoing NSW Supreme Court class actions by investors.
- Acting for an AFSL in relation to a remediation resulting from frauds by an authorised representative.
- Responding to other investigations and litigation by ASIC, ACCC, ATO, and APRA, including in s19 ASIC Act examinations and civil penalty actions.
- Acting for various AFSLs (mainly superannuation funds) in responding to notices and preparing witnesses for the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.
- Defending the successful insurer in McCarthy v St Paul at trial and on appeal, vindicating a declinature for fraud in the context of a failed investment scheme.
- Providing coverage advice in respect of potential mass claims against a bank owned AFSL and acting with consent in the eventual settlement of a test case claim.
- Advising a Lloyd’s underwriter on the efficacy of a blanket notification of files as potential claims from a rogue authorised representative.
Insurance| 27 Nov 2023
The NSW Supreme Court has confirmed that handwritten notes used by an expert when providing a preliminary verbal opinion to solicitors may not be protected by legal professional privilege.
Insurance| 24 Nov 2023
We examine the Court’s decision in the consolidated proceedings of Citywide Service Solutions Pty Ltd v Rosata; Kabbout v Crown Melbourne Ltd and its implications in public liability proceedings.
Insurance| 23 Nov 2023
Our WA Insurance team provide an update for clients on relevant cases.
Insurance| 22 Nov 2023
The New South Wales Court of Appeal has held that a boat hire company was not liable in negligence to Mr Tim Farriss, a guitarist and founder member of INXS.