Cain leads W+K’s Financial Lines practice and is a member of the firm’s executive committee and a client relationship Partner for several of W+K’s biggest clients.
With 19 years experience operating exclusively in insurance, Cain’s experience is broad but he has forged a strong reputation in the insurance market as an expert in both coverage and defence work for major insurers in the professional indemnity, financial institutions, management liability and D&O claims. He is known for providing high quality, accessible and commercial advice in complex, high value matters and is currently retained in many of Australia's major insurance litigation matters including class actions, corporate collapses and high value, multi-party law suits.
His clients include large multi-national insurers and a number of London market insurers operating across 3 Australian states - Victoria, Tasmania and South Australia.
Cain has also been recognised as a leading insurance lawyer in Australia by Chambers Asia-Pacific for 4 consecutive years - 2013-17.
Areas of Expertise
- Professional Indemnity
- Directors and Officers
- Financial Institutions
- Management Liability
- Reinsurance and Regulatory
- Class Actions
- Financial Institutions & Services
- Professions & Business Services
- Technology & Cyber
- Acting as coverage counsel for the primary D&O insurer of the holding company of a liquor distributor in Federal Court proceedings brought by a beverage company in respect of its $1.2b purchase of the holding company (a complicated brief involving 17 D&Os across 3 ‘camps’).
- Acting as coverage counsel for the London market in respect of possible securities class action against Slater & Gordon Limited.
- Acting for the primary directors and officers insurers in multiple high value class actions.
- Acting for corporate advisors in respect multiple Victorian Supreme Court proceedings involving the failed Prime Aged Care and Retirement Trust.
- Acting for reinsurers in relation to major losses concerning one of Australia’s “big 4” banks.
- Acting for professional indemnity and directors’ and officers’ insurers of a collapsed stockbroker.
- Acting for the professional indemnity insurers of various investment advisory groups in respect of representative proceedings in Victoria, New South Wales and Queensland.
- Acting for investment manager insurers in respect of a $55 million action involving the Implementation of an allegedly defective IT system.
- Handling all professional negligence claims and regulatory issues for one of Australia’s largest private client stockbroking and investment advisory groups.
- Defending various professional indemnity and management liability claims against SME businesses in a civil, criminal, regulatory and disciplinary context including for professional negligence, statutory liability (trade practices, workplace, environmental) and employment practices breaches (adverse action, harassment, bullying, discrimination, unfair dismissal).
- Negotiating and implementing a diversion plan on behalf of a large international aluminium manufacturer which was prosecuted by the Victorian Government following a workplace incident in which an employee’s hand became entangled inside a conveyor belt. This outcome meant the charges against the company were withdrawn and it avoided having to pay potentially significant fines and/or obtaining a conviction.
- Contesting charges filed against a prominent concreting company by the Tasmanian Government arising from an incident involving a fatality of a specialist subcontractor hit by a vehicle during road works which the company was engaged to perform.
- Providing coverage advice during the safety regulator’s investigation phase in respect of fatalities stemming from workplace incidents in South Australia and Tasmania where the companies perceived level of culpability was high.
- Australian Insurance Law Association (VIC)
- Australian Professional Indemnity Group
- Law Institute of Victoria
- Legal professional privilege and disclosure to insurers, Asahi Holdings (Australia) Pty Ltd & Anor v Pacific Equity Partners Pty Ltd & Ors, IYIR 2014
- Damages in EPL claims: a brave new world? Richardson v Oracle Corporation, IYIR 2014
- ASIC ramps up focus on serious breach reporting and remediation programs, IYIR 2015
- High Court resolves proportionate liability uncertainty, IYIR 2015
- Class Actions Update – Another Setback for MCI
- Leading individual in insurance law – The Legal 500 Asia Pacific, 2016
- Leading individual insurance lawyer – Chambers Asia Pacific Guide 2016
- Leading individual insurance lawyer – Chambers Asia Pacific Guide 2015
- Listed Expert Insurance and Reinsurance Australia – Expert Guides 2015
- Up-and-coming individual in Insurance – Chambers Asia Pacific Guide 2014