Insurance in Australia

Clyde & Co LLP

Clyde & Co LLP is a market leader in defending directors and officers liability insurance matters and cyber risk claims. Lucinda Lyons leads the national practice with more than 25 years’ experience and a reputation as the go-to lawyer for complex casualty matters, public and products liability claims and complex personal injury matters. Fellow senior partner Dean Carrigan is a recognised figure in corporate insurance, as is Avryl Lattin. John Moran and Jacques Jacobs are both highly experienced coverage counsel in respect of complex claims under warranty, D&O, financial lines and indemnity insurance policies. Nicole Wearne represents Australian general and life insurers and London market underwriters, defending clients in major torts and regulatory investigations. Patrick Boardman is experienced in claims against ASX companies and their directors, financial companies and professionals, and also handles fraud and fidelity matters.

Practice head(s):

Lucinda Lyons


Other key lawyers:

Dean Carrigan; Jacques Jacobs; John Moran; Nicole Wearne; Avryl Lattin; Patrick Boardman


Testimonials

‘The team’s insurance focus at this level of quality is unique in the market.’

‘Dean Carrigan is rightly recognised as the leading elder statesman in the market, who has demonstrated an ability to give robust and pragmatic advice to the most demanding of clients.’

Key clients

Australian Foundation for Disability (Afford)


UnitingCare West & QBE European Operations


Reeds Consulting Pty Ltd


CGU Professional Risks


Enstar Australia Limited


Catlin Australia Pty Ltd & The Hollard Insurance Company Pty Ltd


AXA XL


Dual Group


Chubb Insurance Australia Limited


Work highlights


  • Acting for UnitingCare West in defence of civil compensation proceedings arising out of allegations of historical sexual abuse.
  • Acting as the Australian legal advisers to Blackstone Inc. on the Australian aspects of Blackstone Inc’s entry into a strategic partnership with Resolution Life.
  • Acting for Beazley Syndicates 2623/623 at Lloyd’s and AIG Australia Limited on a matter involving investor claims arising out of the collapse of an ASX-listed engineering and infrastructure company.

Herbert Smith Freehills

Leading the national insurance practice at Herbert Smith Freehills, Mark Darwin is particularly renowned for his expertise in ISR claims (property damage and business interruption loss) in the mining, energy and construction sectors. Fellow litigator Peter Holloway focuses on D&O claims, other financial lines insurance products, warranty and indemnity issues and trade credit insurance. Guy Narburgh is another expert in D&O claims, while Michael Vrisakis is the go-to for front-end insurance coverage advice and regulatory issues. Also on the non-contentious side, Tamanna Islam is recommended for M&A in the insurance sector. The practice is also experienced in cyber coverage and cyber insurance claims.

Practice head(s):

Mark Darwin; Michael Vrisakis;


Other key lawyers:

Guy Narburgh; Peter Holloway; Tamanna Islam


Key clients

Marsh & McLennan Companies Inc


Newcrest Mining Ltd


Export Finance and Insurance Corporation trading as Export Finance Australia


MetLife Insurance Limited


Suncorp (AAI Limited)


Resolution Life Australasia Limited


TAL Dai-ichi Life Australia Pty Limited


Arthur J. Gallagher & Co.


Work highlights


  • Acting for Marsh & McLennan Companies Inc in relation to two separate funded class actions against a subsidiary, JLT Risk Solutions Pty Ltd (JLT) in the Supreme Courts of NSW and Victoria, Australia.
  • Advised on the Political Risks Insurance policy and related materials for Export Finance and Insurance Corporation trading as Export Finance Australia, as part of a complex series of transactions executed by agencies of the Commonwealth of Australia to support the acquisition by Telstra of the Digicel group.
  • Representing MetLife Insurance in a novel challenge to the jurisdiction of the Australian Financial Complaints Authority with respect to disputes regarding insurance in superannuation.

Kennedys

Kennedys is recognised as a global insurance specialist, handling issues relating to all lines of insurance. Headed up by managing partner Matt Andrews, the group is the lead counsel for UK and Australian insurers, and continues to advise on numerous matters arising from the Banking Royal Commission in respect of all major banks, a variety of securities class actions, first party property damage issues and CAR claims. Chris Finn is noted for public and product liability claims, while Raylee Hartwell is highly regarded for her success in defending complex professional indemnity, property D&O and general liability claims. Construction personal injury and cyber insurance are key areas of James Melvin‘s work, and Llinos Kent‘s practice spans professional indemnity, subrogated recoveries and coverage issues.

Practice head(s):

Matt Andrews


Other key lawyers:

Chris Finn; Raylee Hartwell; James Melvin; Llinos Kent


Key clients

Axis


Starr Underwriting


Hiscox


Berkshire Hathaway Specialty Insurance (BHSI)


AXA XL


Everest Re Group


Healthscope Operations Pty Ltd


HMIA


WA Local Govt Insurance Scheme (LGIS)


HDI Global SE


Dual


Work highlights


  • Acting for BCC Trade Credit Pty Ltd and its parent Tokio Marine Management Australasia Pty Ltd. BCC Trade Credit Pty Ltd was an underwriting agent which underwrote various Trade Credit Insurance policies for entities within the Greensill Group.
  • Representing and defending nine local and London market insurers lead by HDI Global SE in proceedings before the Supreme Court of New South Wales against Insurers seeking indemnity under The Transmission Gully Project Policy.

King & Wood Mallesons

King & Wood Mallesons‘ team is praised for its ‘strong knowledge’ and ‘standout collaborative style and personable approach’. Experience ranges from claims with high reputational impact, such as professional indemnity and D&O insurance issues, through to reinsurance matters, environmental contamination issues and natural disasters. In a recent highlight, Travis Toemoe advised Chinese insurers and reinsurers, Alltrust Insurance Co, on complex ISR insurance claims over damage to the Callide C power station in Central Queensland following an incident in May 2021. Liability litigation partner Peter Yeldham and W&I and professional indemnity specialist Mandy Tsang are the other key figures, and Emma White advises on corporate insurance.

Practice head(s):

Travis Toemoe


Other key lawyers:

Peter Yeldham; Mandy Tsang; Emma White


Testimonials

‘The team have strong knowledge but their stand out quality is their collaborative style and personable approach. My team enjoys the ease of doing work with the KWM insurance lawyers.’

‘Personable, easy to get along with and can provide summaries and advice in easy to understand language for non-legal trained stakeholders.’

‘The team provides sophisticated strategic thinking and timely legal/technical support in a genuinely collaborative manner.’

Key clients

The unincorporated CSJ joint venture comprising CPB Contractors Pty Limited, John Holland Group Pty Ltd and Samsung D&C


N. M. Superannuation Pty Ltd


Horizon Capital Financial S.A.R.L and Horizon Capital Fund


Alltrust Insurance Co Limited


Work highlights


  • Advising the CSJ joint venture since June 2021 on its recovery strategy following the completion of its D&C contract on Sydney’s WestConnex M4 east project.
  • Successfully defended N. M. Superannuation Pty Ltd in urgent proceedings brought in the NSW Supreme Court by Resolution Life Australasia Ltd.
  • Acting for Horizon Capital Fund in proceedings for declaratory relief in the Commercial List of the Supreme Court of New South Wales.

Wotton + Kearney

Wotton + Kearney is recommended for general liability, financial lines and complex property, energy and construction claims. It’s also growing its capabilities in cyber insurance, general liability and class actions with the recruitment of Amanda Beattie (from King & Wood Mallesons) and Cheryl Phillips (from Minter Ellison), both in early 2023. Name partner and chief executive David Kearney and Cain Jackson, who is head of financial lines, are the group's key senior partners. Andrew Moore is an expert in D&O and financial institution claims, management liability issues and environment claims. Charles Simon is well placed to advise on catastrophic losses, and building and construction-related incidents, as is Adam Chylek for indemnity disputes.

Practice head(s):

David Kearney; Cain Jackson; Charles Simon; Adam Chylek


Other key lawyers:

Amanda Beattie; Cheryl Phillips; Andrew Moore


Testimonials

‘The team collaborate well and the partners allow access to associate lawyers. This is important for development and future pipeline of legal professionals.’

Key clients

AIG


Allianz


AXA XL


Berkshire Hathaway Specialty Insurance


Chubb Insurance Australia


DUAL Australia


Liberty Specialty Markets (LSM)


Zurich Australian Insurance


Work highlights


  • Acting for the Sydney Olympic Park Authority in the Opal Tower class action proceedings.
  • Acting for a large global market of more than 20 insurers that provided the Contract Works project insurance for the construction of the onshore facilities for Inpex’s Ichthys LNG project in Darwin.
  • Defending representative proceedings brought in the Supreme Court of NSW on behalf of potentially thousands of owners of residential lots at Spring Farm, NSW.

Allens

Allenshas deep industry knowledge’ and a good track record acting for policyholders in business interruption claims, directors and officers issues, public liability work, cyber risk matters and professional indemnity claims. Experienced coverage litigator Malcolm Stephens acted alongside James Campbell, a class action expert, for IAG and the Insurance Council of Australia in the successful defence of the Second Covid BI Test Case. Andrew Maher‘s practice focuses on general liability and W&I work, while Jonathan Light and Louise Jenkins are names to note for policy drafting, claims and contentious insurance matters under D&O.

Practice head(s):

Andrew Maher


Other key lawyers:

Malcolm Stephens; James Campbell; Jonathan Light; Louise Jenkins


Testimonials

‘Quality commercial legal advice, exceptional partner availability, always reliable, easy to deal with, a pleasure to work with. I feel like they are a safe pair of hands. They are at the forefront of change and they will communicate proactively with us on legislative change and industry trends.’

‘Allens has deep industry knowledge and a readily applied sense of key issues. Advice is typically highly comprehensive and the team always distills the complex issues easily to suit the target audience. Superior quality work is a given, with a sensible approach to client service, and highly flexible attitude.’

‘The team is responsive at all times, and combines substantial industry knowledge with outstanding service and advice.’

Key clients

CIMIC


Legal Practitioners’ Liability Committee


Insurance Australia Group (IAG)


QBE Insurance Group


Insurance Council of Australia


Work highlights


  • Acting for CIMIC as First Respondent in NSW Court of Appeal proceedings in relation to a decision regarding the liability of various insurers of CIMIC’s 2011/12 and 2010/11 D&O insurance programs.
  • Defending Holding Redlich against allegations of negligence, breach of contract and misleading and deceptive conduct in relation to its representation of the Australian Labor Party (NSW).
     
  • Advising QBE in relation to a class action which has been commenced against QBE Insurance in connection with business interruption insurance policies.

Clayton Utz

Clayton Utz stands out for its ‘exceptional knowledge of the industry and subject matter’ and its capabilities in corporate insurance advisory work and policy coverage disputes. Focusing on corporate policyholders, David Gerber advises on the insurance aspects of M&A, IPO placements and coverage issues. Fred Hawke has extensive experience in property, liability, marine insurance, and reinsurance law; captive insurer arrangements, Bankers Blanket Bond and crime and financial liability insurance are also his areas of instruction. Litigators Lucy Terracall and Mark Waller are also highly acclaimed.

Practice head(s):

David Gerber


Other key lawyers:

Fred Hawke; Lucy Terracall; Mark Waller


Testimonials

‘The exceptional knowledge of the subject matter and their industry knowledge sets them apart.’

‘Mark Waller is exceptional in his field.’

‘The Clayton Utz Brisbane office have built a first class insurance team, with expertise, depth of knowledge and an understanding of all classes of insurance.’

Key clients

Singtel Optus Pty Limited


Commonwealth Bank of Australia


AMP Limited


Brisbane Airport Corporation Pty Ltd


Suburban Rail Loop Project


Australia Pacific LNG Pty Ltd


Work highlights


  • Advised Singtel Optus Pty Limited relating to the sale of 100% of the shares of Optus Insurance Services Pty Limited to global tech protection and support company, Likewize Corp, for initial cash consideration of A$200m, and the entry into a long-term partnership agreement with Likewize.
  • Acting for Brisbane Airport Corporation in suing Airservices Australia and AIG Australia Limited in the Supreme Court of Queensland to recoup costs related to PFAS contamination at the airport.
  • Advising the Victorian Suburban Rail Loop Authority (SRLA) in relation to its insurance program and strategy for the packages that make up the Suburban Rail Loop Project in Melbourne.

Colin Biggers & Paisley

Colin Biggers & Paisley in known for its work defending high-profile class actions, notably as counsel to RCR Tomlinson against three shareholder class actions commenced in the NSW Supreme Court in relation to the $1bn collapse of RCR. Greg Skehan is highly skilled in construction-related insurance advice, professional indemnity claims and reinsurance issues. For cyber insurance and instructions in the financial sector, Keith Bethlehem is the key partner, while Patrick Monahan is a leading lawyer in the solicitors’ negligence work. Practice co-heads Cathryn Prowse and Gavin Creighton are also of note.

Practice head(s):

Cathryn Prowse; Gavin Creighton


Other key lawyers:

Keith Bethlehem; Patrick Monahan; Greg Skehan


Testimonials

‘Thorough analysis of the issue and objective recommendation (which includes technical and commercial considerations).’

‘Keith Bethlehem has a deep understanding of his practice and an infallible ability to understand the issue. His ability to provide the client with a full understanding of the issue puts the client in the best position to make a decision.’

Key clients

Liberty Specialty Markets


Zurich Australian Insurance Limited


Westfield


Lawcover


Toll Group


CHU


ProRisk


IAG


Work highlights


  • Acting for London market D&O insurers in their exposure to claims surrounding the collapse of Quintis, Australia’s largest agri-business managed investment scheme.
  • Acting for a wide range of insured construction entities and their insurers in claims arising from the installation of non-compliant cladding on buildings across Australia.
  • Representing a defendant in a class action commenced in the Supreme Court of Victoria against Dermatology and Cosmetic Surgery Services Pty Ltd (DCSS) and six doctors involving allegations of loss or damage as a result of a range of procedures performed at the clinic and by one or more of the individual defendants.

DLA Piper

Specialising in strategic claims, D&O disputes, W&I underwriting and claims, high-risk regulatory investigations and commercial insurance disputes, DLA Piperbrings a technical and commercial focus to complex matters’. Financial services regulation lawyer Samantha O’Brien leads the practice alongside W&I specialist James Morse. With a longstanding London market practice, Tricia Hobson is a leading class action litigator, specialising in claims covering natural catastrophes, securities, mass tort, and construction issues.

Practice head(s):

Samantha O’Brien; James Morse


Other key lawyers:

Tricia Hobson


Testimonials

‘A team which works well together, brings a technical and commercial focus to complex matters. Provides timely, digestible reports. Resolution focused.’

‘James Morse has provided an excellent service on claims – approachable and client focused and expert in the field.’

‘The team is super efficient, commercial and feel like a true business partner. They are incisive and extremely knowledgeable. No task is too big or too small.’

‘Sam O’Brien is an outstanding lawyer to work with. I feel extremely comfortable picking up the phone to seek her assistance and she is truly an extension to our business as we go through a complex regulatory matter. I highly recommend her.’

Key clients

Aioi Nissay Dowa Insurance Company Limited


Allianz Australia


Allianz Worldwide Partners


AON Australia


ARAG


AXA XL


Berkley Insurance Australia


FM Global


Hannover Life Re of Australasia Ltd (HLRA)


Liberty Mutual Insurance


ProRisk


QBE European Underwriting Services (Europe)


RACQ Insurance


Steadfast Group


Suncorp


Swiss Re


Tokio Marine HCC


Western Power


Youi


Work highlights


  • Advising Swisse Re in the industry-wide test case seeking judicial determination of market-wide issues impacting business interruption claims arising from Covid-19.

HFW

Praised as an ‘elder statesman with deep contacts in the industry’, Richard Jowett heads up the insurance team at HFW, and is ably supported by litigators Brendan McCashin and Sophy Woodward, acting for policyholders and brokers. McCashin stands out for his expertise in claims involving flood, storm, earthquake, fire and explosion events, and electricity supply issues as well as high-value class action litigation, while Jowett is a highly-regarded construction, energy and Industrial Special Risk specialist.

Practice head(s):

Richard Jowett


Other key lawyers:

Brendan McCashin; Sophy Woodward


Testimonials

‘The team is responsive, excellent research, on top of current legal developments and reliable. ’

‘HFW are knowledgeable, personable and really keen to help. They’re not so big that they can’t act (due to conflicts) and they generally turn things around in a good amount of time. They have good lawyers who understand the law and a client’s needs.’

‘Sophy Woodward is a dedicated and subject matter expert in insurance law. She’s really nice to work with and is enthusiastic about our company and what our needs are. She tries really hard to make sure we get a top level of service.’

Work highlights


  • Acting for a large global insurance and reinsurance group of companies in relation to their high-value outward claims for recovery of Covid-19 losses under the group excess of loss reinsurance programme.
  • Acting for international banks and financial institutions pursuing contested trade credit insurance claims against Australian insurers.
  • Acted for a public liability insurer of a defendant to class action proceedings in the Supreme Court of NSW arising out of flooding in Queensland in January 2011.

Moray & Agnew

Moray & Agnew fields one of Australia’s largest insurance defendant practices, specialising exclusively in the defence of third-party claims, pursuing recoveries and advising on complex coverage issues. National managing partner Geoff Connellan in Sydney works alongside professional indemnity lawyer Ian Denham, and professional negligence expert Baron Alder. Public and product liability issues, and property and ISR claims are handled by Scott Cowell and Yolanta Figiel from Brisbane and Melbourne, respectively.

Practice head(s):

Geoff Connellan


Other key lawyers:

Ian Denham; Baron Alder; Scott Cowell; Yolanta Figiel


Testimonials

‘Recommended for their experience and expedience in handling matters. Willingness to share their knowledge and assist in training their clients.’

‘Particularly strong insurance law firm. The people I deal with are easy to deal with and have a strong knowledge of PI insurance matters.’

‘The firm has a long standing reputation of delivering results to the insurance sector both locally and to the London Market. The firm has created new law in a number of cases of note. The firms growth by its interstate expansion has allowed claims in most states.’

Key clients

AAI Ltd t/as Suncorp / GIO / AAMI / Vero and other brands


QBE Insurance (Australia) Limited


Insurance Australia Group Ltd


Allianz Insurance Australia Limited


Avant Insurance Limited


AIA Australia Limited


Australian Capital Territory Government


ACT Insurance Authority


Australian Taxation Office


Department of Defence


Services Australia and Australian Financial Security Authority


National Disability Insurance Agency


Australia Post


Auto & General Insurance Ltd


AMP Life


AXA XL / AXA Group


Allied World Assurance Group


Berkley Insurance Australia Sydney


Coles Group


Dual Australia Pty Ltd


Employers Mutual NSW Ltd


Hannover Life Re of Australasia


HDI Global, HDI Specialty


Insurance Commission of Western Australia


JLT Public Sector


Lawcover


Legal Practitioners Liability Committee


Liberty Speciality Markets


MS Amlin


MetLife Insurance Limited


MDA National


OnePath Life Limited / Zurich Australia Limited


TAL Life Limited


Motor Accident Insurance Commission (Queensland) / The Nominal Defendant


Work highlights


  • Acted for MetLife Insurance Ltd in Hart v Metlife [2022] NSWSC 1157.
  • Acted on instructions from an ACT professional indemnity insurer to successfully defend a claim in negligence against a well-known Canberra law firm.
  • Represented Arch Underwriting and Dual Australia as the Ninth and Tenth Defendants respectively in CIMIC Group Limited v AIG Group Limited [2022] NSWSC 999.

Barry.Nilsson.

Rhett Kennedy leads the practice at Barry.Nilsson. and is a top Queensland-based insurance litigator specialising in professional indemnity, financial lines, public and product liability claims. In Perth, Toby Barrie regularly defends professional negligence claims against insureds in a wide range of professions, and also handles directors’ and officers’ liability and management liability matters. Simon Black takes on directors’ and officers’ liability claims arising out of royal commissions, ASIC and ACCC investigations, prosecutions and securities class actions.

Practice head(s):

Rhett Kennedy


Other key lawyers:

Toby Barrie; Simon Black


Testimonials

‘Strong technical skills and highly commercial approach to resolving matters. ’

‘Excellent service, always professional, pleasure to deal with, very thorough – can recommend them without any reservation.’

‘Personal service. Always approachable. Expert legal knowledge. Provides sound legal advice. Market leaders in personal injury law and insurance law.’

Key clients

AAI Limited (Suncorp Group and related brands)


AIG Limited


AXA XL


QBE Insurance Australia Limited


Chubb


Insurance Australia Limited (IAG)


Liberty Specialty Markets


QBE European Operations


Zurich


Allianz


Work highlights


  • Acting for Asplundh, a vegetation management company, in A$60m liability and cross-claim proceedings commenced by nearly 400 plaintiffs concerning the Tathra Bush Fires in March 2018.
  • Acting as coverage counsel in relation to approximately 45 significant immigration detention centre claims for mental harm and trauma caused by detention at various facilities in Australia, including Woomera and Curtin.
  • Acting as defence counsel for fire engineers in relation to an A$14m claim and a potential liability exposure being pursued by the owners of a private hospital in Wollongong arising from allegedly combustible cladding.

Corrs Chambers Westgarth

Corrs Chambers Westgarth specialises in policyholder work in the projects and construction space, advising on coverage disputes and the insurance aspects of infrastructure-focused transactions; this work is led by Catherine Oldenburg. Patrick O’Grady acts for insurers and reinsurers which provide surety bond facilities to Australian corporates and handles issues arising from those facilities. Practice head Daniel Marquet is another top litigator.

Practice head(s):

Daniel Marquet


Other key lawyers:

Catherine Oldenburg; Patrick O’Grady


Testimonials

‘Catherine Oldenburg came as a recommendation and we were very pleased with her work. Catherine is a diligent, responsive and skilled practitioner in complex insurance matters. Her legal advice was clear, commercial and succinct and gave our business the clarity it needed to make a decision. We would highly recommend engaging her on future matters.’

‘Collaboration, technical and commercial experience, responsiveness, accountability.’

‘I have worked with Catherine Oldenburg who has been exceptional in her role in client delivery. Catherine was professional, showed strong technical knowledge and capabilities, was commercial and had the ability to respond and understand complex scenarios in a short time frame which allowed us to achieve an optimal outcome.’

Hall & Wilcox

Hall & Wilcox‘s insurance practice demonstrates considerable expertise in general and statutory insurance claims. The team counts major insurers, corporate insurers, state government schemes, reinsurers, insurance intermediaries, and financial institutions as key clients which it advises on a range of contentious and non-contentious matters. Its top areas of instruction include cyber insurance, headed by Eden Winokur, property and construction liability claims, led by Melbourne-based Matt McDonald, and Chris Sacré leads the marine insurance group. Philip Hopley heads the non-contentious offering, while Gemma Dehn and newly-made partner Bridget Wall (in Brisbane) specialise in professional indemnity product lines and complex coverage issues. Rhett Slocombe chairs the practice from its Sydney office where all of the practitioners mentioned are based unless otherwise stated.

Practice head(s):

Matthew Curll; Anastasia Coutsouvelis; Grant Galvin; Terry Killian; Matt McDonald; Anton Vucak


Other key lawyers:

Philip Hopley; Eden Winokur; Bridget Wall; Gemma Dehn; Ilona Strong; Rhett Slocombe; Rachael Arnold;Chris Sacré


Testimonials

For a practice to be unique requires experienced, dynamic individuals that understand the implications of law but most importantly have the strength and ability to advise on commercial strategy. I believe that the Individuals I have worked with at Hall & WIilcox met this requirement.’

The team has an excellent group of lawyers including partners with specialist experience in various areas including commercial contracts and M&A.’

I highly recommend Philip Hopley. He is excellent as a specialist lawyer and has an incredible way of making complex concepts palatable to the business to understand. He can articulate clearly the commercial impacts on the business and is very considerate and courteous to everyone.’

A national firm with offerings across a wide range of specialties within the insurance industry. Engaged Partners willing to work with clients to achieve outcomes.’

Exceptional legal knowledge and skills particularly around insurance law coupled with very open, honest, and easy going communication. We have partnered with the firm on many successful individual and group actions and innovative processes.’

Key clients

Insurance Australia Ltd


Allianz


CommInsure


QBE


Lloyd’s of London/London Market Insurers


Lexon Insurance Pte Ltd


Statutory schemes across Australia


Registered life insurers and friendly societies


Underwriting agencies


Work highlights


  • Acting for IAG, Allianz and CommInsure, and more than 200 of their insureds, in a major class action following a bushfire in Parkerville, Western Australia in 2014.
  • Successfully defending IAG against a claim for over $1.3 million including damages, costs and interest following storm damage to the Plaintiff’s property.
  • Successfully defending a Queensland solicitor and his insurer in negligence proceedings, brought by the widow and two daughters of Queensland mining magnate Ken Talbot, who alleged our client failed to finalise Talbot’s new will before he died, causing loss of financial benefits.

Jackson McDonald

Focusing on the Western Australian oil, gas and mining sector, Perth-based Jackson McDonald demonstrates expertise in directors’ and officers’ liability, business interruption, construction, resources and project insurance. Fiona Dempster combines expertise in high-volume motor vehicle personal injury cases with knowledge of medical negligence, public liability and industrial diseases matters. She is also skilled in employers’ indemnity issues and prosecutions under the Mines Safety & Inspection Act 1994 (WA).

Practice head(s):

Fiona Dempster


Key clients

IAG


Local Government Insurance Scheme (LGIS)


Insurance Australia Group (IAG)


Insurance Commission of WA (ICWA)


Allianz Australia Insurance Limited


Law Mutual (WA)


St John Ambulance


Work highlights


  • Acted for the Minister and Insurance Commission in defence of a claim made by a student for a serious eye injury he sustained while he was in his Year 12 classroom.
  • Defended the Insurance Commission of Western Australia against damage claims brought by a plaintiff for a personal injury resulting from a motorcycle crash in 2015.
  • Defending a local authority in a public liability claim brought by the family of a young boy who suffered injuries and had to have an amputation while playing unsupervised in a local town racecourse.

McCabes

As head of McCabes‘ insurance practice, Stuart Windybank has extensive experience in mining and construction insurance matters, specifically contract work and construction liability exposure. He also handles property damage issues, as well as advising on indemnity matters and policy interpretations for insureds and insurers.

Practice head(s):

Stuart Windybank


Key clients

Chubb Insurance


AXA XL


Liberty Specialty Markets


QBE Australia


Allianz Australia


Transport for NSW


Department of Education


Work highlights


  • Acting for an excess of loss insurer of Alstom Transport Australia and Acciona Infrastructure Australia, in the Sydney light rail class action involving over 60 business and individuals seeking around $40m in compensation over disruption caused by the light rail project.
  • Acting for an excess of loss insurer of Icon Constructions, in respect of the Opal Tower class action brought by the owners against Sydney Olympic Park Authority, following the widely publicised building defect issues which caused the tower to be evacuated in 2018.
  • Acting for Liberty in a catastrophic person injury claim brought by a 16 year old boy who suffered tetraplegia when mountain biking.

Mills Oakley

Mills Oakley opened an Adelaide office in early 2023 and acquired specialist Sydney-based insurance boutique Vardanega Roberts, adding Stephen Vardanega and Mike Roberts to the team; Jason Symons also joined later in the year from HWL Ebsworth. Daren Curry has expertise in indemnity disputes, liability claims and subrogated recoveries; he also advises insurers on policy drafting, legislative amendments, claims procedures and regulatory issues. Stephen Aroney is an expert in insurance within the construction and property sectors, and represents builders and insurers in claims related to cladding in high rise apartment towers.

Practice head(s):

Daren Curry


Other key lawyers:

Mike Roberts; Stephen Vardanega; Jason Symons; Stephen Aroney


Testimonials

‘Good access to the Partners. Broad spectrum of capabilities with specific strength in certain areas. They also proactively respond when we look to them to assist us with difficult, protracted matters.’

‘Stand out partners are Daren Curry and Stephen Aroney. The are both exceptional when it comes to service and always make themselves available. They are happy to provide ad hoc advice on short notice.’

‘Mills Oakley excel in client communication and bring a professionalism and calm to difficult situations which give a client a level of confidence in the quality of the advice and strategy.’

‘The Mills Oakley insurance practice in Sydney and Brisbane always partner with us well, is responsive, and understands our business imperatives including a focus on customer and fair outcomes.’

Key clients

Allianz Australia Insurance Limited


AAI Limited (Suncorp Group)


Insurance Australia Group Limited (AIG)


QBE Insurance (Australia)


Berkley Insurance Australia and Berkley Re


Chubb Insurance Australia Limited


Auto & General Insurance Limited


Strata Community Insurance


Assetinsure Limited


Statewide Mutual NSW


Australian Retirement Trust


HDI Gerling Industrie Versicherung trading as HDI Global SE


Scentre Group


Work highlights


  • Acting for Gordian RunOff in a test case in the NSW Supreme Court involving the interpretation of a statutory limitation.
  • Acting for Medibank Health Solutions Telehealth, under instructions from Suncorp, in two cases that are novel and will set the standard to be expected by telehealth services and the scope of duty owed to those receiving the services.

Norton Rose Fulbright

With experience in the Australian, London and US insurance markets, Norton Rose Fulbright is highly recommended for cross-border M&A transactions and warranty and indemnity insurance issues. Ray Giblett has developed a significant focus on insurance regulatory work, while senior associate Timothy Chan leads the firms’ growing insurtech practice.

Practice head(s):

Ray Giblett


Other key lawyers:

Timothy Chan


Key clients

Allianz


AIG


QBE


SwissRe


AON


AirBnB


Liberty Specialty Markets


HDI Global Specialty SE


Medical Indemnity Protection Society


Macquarie Bank


Commonwealth Bank of Australia


Westpac


HSBC Australia


Tokio Marine HCC


Hiscox Syndicate 33


Hollard Insurance


SquareTrade


Work highlights


  • Advising Cover-More (subsidiary of Zurich Insurance) on its sale of Benestar.
  • Advising Airbnb on travel insurance, host liability insurance and experience liability insurance in Australia.
  • Advising Swedish insurance company Anticimex Forsakringar AB on its entry into the Australian market.

Ashurst

Rehana Box is Ashurst‘s lead insurance partner and impresses with her ‘deep and contemporary understanding of the international insurance markets’. Areas of expertise include corporate insurance, regulatory compliance, construction insurance, service contracts and policy interpretation. Box also advises insureds on indemnity issues and claims.

Practice head(s):

Rehana Box


Testimonials

‘The insurance team led by Rehana Box is highly regarded and expert in this field and have a good understanding of the challenges that the Commonwealth of Australia encounters.’

‘Rehana Box is by far the most experienced insurance specialist. Her deep and contemporary understanding of the international insurance markets is unsurpassed in the Australian legal market.’

Key clients

Swiss Re, ANZ (including ANZLMI)


AIA


AXA XL


Aviva


Domestic and General


Everest Re.


Marsh JLT


International Passenger Protection


Envest


Commonwealth Bank of Australia


Work highlights


  • Advised Macquarie Capital and the other shareholders of Envest on the sale of 100% of the shares in Envest to UK-based Ardonagh Group for approx. A$500m and on the merger of Envest with Ardonagh Australia.
  • Advised AIA Australia on the buy-out of Discovery Vitality Australia Pty Ltd from its joint venture in respect of AIA Health.
  • Advised BMS Group on its acquisitions of Austbrokers Coast to Coast (C2C) and SRG Group.

Gilchrist Connell

The ‘exceptionally approachable’ Gilchrist Connell displays good capabilities in professional indemnity claims as well as health, construction, property and cyber insurance issues. Richard Wood is active in property and professional indemnity claims, and David Flint leads on cases relating to coverage disputes and proportionate liability.

Practice head(s):

Richard Wood


Other key lawyers:

David Flint


Testimonials

‘People, diversity and collaboration. GC is exceptionally approachable.’

Key clients

AIG


Ansvar


Aspen


Avant


Berkley


BHSI


CCI


CFC Underwriting


Chubb


Insurance Australia Limited (IAG and CGU)


Insurance Commission of WA


Liberty Speciality Markets


Medical Indemnity Protection Society


Medical Indemnity Group Australia


QBE Australia


QBE Europe


Sportscover


SwissRe


Work highlights


  • Acting in relation to the defence of a complex dependency claim initiated by a foreign national, following the death of her husband – while holidaying in Australia – which involved cross jurisdictional complexities in relation to the laws, remuneration and customs of a foreign country.
  • Advised a London-based insurance syndicate on first-party coverage under an environmental policy, with potential third-party claims and complex indemnity issues related to pre-existing pollution and evolving statutory requirements.

Meridian Lawyers

Praised as ‘highly skilled and knowledgeable, compassionate and responsive to need the needs of clients’, Meridian Lawyers expanded its insurance capabilities with the addition of a compulsory third party insurance and recoveries team. Robert Crittenden acts for overseas underwriters, particularly Lloyd’s Syndicates and others in the London insurance market, on insurance risks in the sports, leisure and construction sectors; he also leads on professional indemnity claims. Robert Minc and David Randazzo are recommended for public and products liability issues.

Practice head(s):

Robert Minc


Other key lawyers:

Robert Crittenden; David Randazzo


Testimonials

‘Robert Crittenden in particular is very knowledgeable, approachable, and patient when asked for advice.’

‘The insurance team are all highly skilled and knowledgeable, compassionate and responsive to the needs of their clients.’

Key clients

Insurance Australia Group Limited (IAG)


Unimutual Limited


Guild Insurance


American International Group (AIG)


London Underwriters


HDI Global SE, Australia


Allianz Global Corporate & Specialty


Liberty Specialty Markets


Steadfast Group Limited


Berkshire Hathaway Specialty Insurance


Work highlights


  • Representing the insurer of a leading university in Australia to investigate the prospects of a recovery against a building company and its subcontractors after a significant flood.
  • Acting on behalf of AIG USA and AIG Australia in a large pollution case, which arose out of a spillage of more than 22,000 litres of toxic firefighting foam known as AFFF from an aircraft hangar at Brisbane Airport.
  • Representing a cladding contractor in a building dispute involving allegedly defective cladding, which constituted a fire risk.

Quinn Emanuel Urquhart & Sullivan, LLP

At Quinn Emanuel Urquhart & Sullivan, LLP, Michelle Fox is the go-to lawyer for corporate insureds in relation to policy coverage issues, high-stakes mass torts, class actions, product liability claims, directors’ liability issues and financial services work. Counsel Nicholas Lennings is another key figure for general insurance claims.

Practice head(s):

Michelle Fox


Other key lawyers:

Nicholas Lennings


Key clients

Ardent Leisure Group


Greensill Bank AG


Work highlights


  • Advising Ardent Leisure Group on a number of civil and regulatory proceedings instigated as a result of a fatal accident at a theme park.
  • Acting for Greensill Bank AG in a series of claims against its insurers under trade credit insurance policies.

Sparke Helmore Lawyers

Sparke Helmore Lawyers has seen an uptick in instructions in marine insurance and construction-related claims. Malcolm Cameron is an experienced professional negligence litigation and class action counsel, while fellow litigator Belinda Michalk and medical negligence specialist Matthew Seisun are also highly recommended. Gillian Davidson is involved in large-scale multi-party claims, while Jehan Mata is ‘extremely talented’ in professional indemnity, occupiers’ liability and public liability claims.

Practice head(s):

Malcolm Cameron; Belinda Michalk; Matthew Seisun


Other key lawyers:

Jehan Mata; Gillian Davidson


Testimonials

‘The people at Sparke Helmore are it’s key strength and their openness to collaboration and collegiate working is what separates them from their competitors. They are straight talking, agile, informed and innovative in their approach.’

‘Gillian Davidson is a pleasure to work with. She makes quick, informed decisions and offers exceptional advice and leadership. Jehan Mata is extremely talented and definitely a rising star.’

‘Team has an experienced recovery specialist team that delivers great results. Understands client needs and balances with proactive outcomes/actions.’

Key clients

Walter Gilmore / Suncorp


Australian Pacific Airports (Melbourne) Pty Ltd (APAM)


Undisclosed Insured


OCM Maritime Flyer LLC, AG Neptune Ltd, West of England P&I Club


The Hartford, previously known as Navigators.


Work highlights


  • Acted for Australian Pacific Airports (Melbourne) Pty Ltd APAM in Supreme Court proceedings, which challenged the basis of a Landside Driver Authority scheme imposed on hire car drivers.
  • Advising Seqwater’s primary layer insurers for over a decade in relation to the 2011 Queensland Floods, including handing a Commission of Inquiry, a Crime and Corruption Commission investigation, property damage claims, insurance disputes and a class action.
  • Acting on behalf of owners and demise charterers of the motor tanker “AG Neptune” and its P&I insurer (West of England P&I Club) in Federal Court of Australia Admiralty proceedings involving the arrest of a product tanker, with 62,700 metric tons of gasoil. The substantive dispute concerns the alleged contamination of the cargo (diesel fuel).