Public liability claims range from high-volume occupiers and slip-and-fall matters to catastrophic injury, mass casualty and class action exposures involving multiple defendants and insurers.  We act for insurers, government departments and agencies, self-insureds and large corporates in the defence of public liability claims across all Australian jurisdictions. Our experience includes some of the nation's largest individual claims and class actions, and extends to dust diseases, toxic torts, catastrophic injury claims and mass casualty events. We act for a number of Australia's largest retailers and have deep experience in slip and fall, occupiers liability and contributory negligence. We also act for numerous government departments and agencies and are aware of the need to manage the sometimes competing interests of stakeholders pragmatically and sensitively.

Defective products and product recalls generate significant claims exposure for manufacturers, importers, retailers and their insurers. We act for insurers and self-insureds in the defence of product liability claims, including mass claims arising from product failure or contamination events, and advise on indemnity and contribution issues across complex supply chains. We have particular experience in the intersection of product liability and the Australian Consumer Law, including the application of statutory guarantees and the defence of claims arising from product recalls. Our work in this area extends to the heavy transport, industrial machinery, food and beverage, pharmaceutical and consumer goods sectors.

Professional indemnity claims engage questions of duty of care, standard of care and causation that require both legal and professional expertise to defend or pursue. We act for PI insurers and their insureds in claims arising from alleged negligence, breach of professional duty and errors or omissions across lawyers, accountants, engineers, architects, surveyors, financial advisers, medical practitioners and technology professionals. We advise on policy wording, coverage positions, notification obligations and reservation of rights, and act in declaratory proceedings where coverage is in dispute. For insurer clients, we advise on scheme design, underwriting frameworks and policy wording for PI products.

D&O and management liability insurance responds to one of the most consequential risk exposures facing senior executives, company directors and institutional boards. We act for D&O insurers, management liability insurers and their insureds in claims arising from alleged breaches of directors’ duties under the Corporations Act 2001 (Cth), securities law contraventions, misleading and deceptive conduct, shareholder actions and regulatory investigations by ASIC, APRA and other regulators. We also advise on employment practices liability claims, including unfair dismissal, discrimination and workplace misconduct allegations. Boards and governance teams engage us directly to advise on the adequacy and scope of D&O cover, and to review policy terms and side agreements before claims arise.

Cyber incidents generate claims simultaneously across cyber, PI, D&O, crime and property policies, and require rapid response. We advise cyber insurers and technology risk underwriters on coverage interpretation, policy response and claims management following data breaches, ransomware events, business interruption losses and third-party liability claims. We advise insureds on notification obligations under the Privacy Act 1988 (Cth) and the Notifiable Data Breaches scheme, and on the interaction between policy terms and the regulatory response that follows a significant incident. We also advise on cyber policy wording and the front-end structuring of cyber programs for large corporate groups and regulated entities.

Property and ISR losses frequently generate contested coverage positions involving questions of policy construction, causation, the scope of damage and the correct measure of loss. We act for property and ISR insurers in significant loss claims, investigating incidents, advising on coverage positions and managing claims through to settlement or litigation. Business interruption claims (whether standalone or consequential on a property loss) require careful analysis of indemnity periods and the correct calculation of loss, and we have managed these claims across a range of industries including resources, manufacturing, retail and hospitality.

Life insurance and group life arrangements often involve policy construction, trustee duties and a detailed regulatory regime covering claims handling, product design and distribution. We have extensive experience in group life policy drafting and negotiation, and advise offshore life insurers on the Australian regulatory requirements applicable to the sale of life insurance products to Australian residents. We also advise on the use of the Insurance Contracts Act to support claims where policy wording would otherwise operate against a claimant’s interests.

Workers compensation claims sit at the intersection of statutory schemes, common law actions and workplace health and safety obligations. We advise on the intersection between workers compensation, workplace health and safety obligations and the risk management frameworks that affect claims frequency and severity. Our experience extends to psychosocial injury claims, which have become an increasingly significant component of the overall claims environment across most Australian jurisdictions.

Institutional and historic abuse litigation has expanded sharply since the Royal Commission into Institutional Responses to Child Sexual Abuse and the legislative reforms that followed in each state and territory. The work involves complex indemnity chains, policy response over extended historical periods and particular sensitivities for proceedings involving victim-survivors. We act for insurers, religious and educational institutions, government entities and charitable organisations, advising on policy coverage, indemnity, contribution disputes between insurers and self-insureds across successive policy periods, and the application of limitations reforms and common law developments. We also advise on the interaction between litigation, redress scheme participation and settlement strategy, and on governance and risk management obligations applicable to institutions in the current environment.

Warranty and indemnity insurance is now a standard feature of Australian M&A transactions, with insurers and underwriters exerting increasing influence over the scope of due diligence, the content of transaction documents and the allocation of risk between buyer and seller. Our insurance team works directly alongside our M&A team (one of the largest in Australia) to advise on the procurement and negotiation of W&I policies, the alignment of policy terms with transaction documentation, and the management of W&I claims following completion. We advise both buyers and sellers, as well as insurers managing claims.

Policy wording determines coverage, exclusions and the outcome of claims. We draft, review and advise on policy wordings for general and life insurance products, bringing both a technical understanding of Australian insurance law and direct experience in claims and litigation to the way coverage language is designed and tested. We have drafted motor, fleet, liability and marine freight policies for a major transport insurer across more than a decade, were engaged to advise on the professional indemnity requirements of the Legal Profession Uniform General Rules, and have extensive experience drafting and negotiating group life insurance policies. We advise on policy language in connection with new product development, distribution partnerships and the updating of existing wordings in response to court decisions, regulatory reform or market practice changes.

Insurance is one of the most heavily regulated financial products in Australia, with obligations arising under the Insurance Contracts Act 1984 (Cth), the Life Insurance Act 1995 (Cth), the Corporations Act 2001 (Cth), the ASIC Act 2001 (Cth) and APRA’s prudential standards. We have advised on the drafting and review of Product Disclosure Statements, Financial Services Guides and Statements of Advice for general and life insurance products since the current regime commenced in 2002. We advise on product governance and design and distribution obligations under the DDO regime, the application of unfair contract terms provisions to insurance products, claims handling and settling service obligations, and the regulatory framework for the distribution of insurance through intermediaries, digital platforms and embedded finance arrangements. For insurers seeking to enter or reorganise their Australian operations, we advise on APRA authorisation, AFSL licensing and the regulatory requirements applicable to insurance business transfers.