Luke is engaged by insurer and insured clients to help them resolve professional indemnity claims, particularly litigated claims against financial companies and professionals.
Luke is known for providing measured advice to directors and officers in large claims, during investigations and enquiries, and at Royal Commissions. He also provides coverage advice to financial institutions on liability issues and disputes.
Luke attends settlement conferences and mediations in the NSW courts and tribunals. He is an active member of APIG and AILA.
Areas of Expertise
- Professional Indemnity
- Directors & Officers
- Property and Energy
- Financial Institutions & Services
- Manufacturing – Commercial Goods
- Assisting Senior Counsel prepare for the Cross City Tunnel case in relation to the nature and value of a tolling right. – CCM Holdings Trust Pty Ltd v Chief Commissioner of State Revenue; CCT Motorway Company Nominees Pty Ltd v Chief Commissioner of State Revenue  NSWSC 1072
- Advising and acting on behalf of a major Australian insurer in two class actions launched against a finance provider under a micro lenders civil liability professional indemnity policy. These actions involved claims of avoidance of policy based on fraudulent non-disclosure and various other exclusions – Gray v Cash Converters  FCA 420; Cash Converters Personal Finance Pty v Vero;
- Advising and obtaining security for costs on behalf of a major insurer in relation to an indemnity dispute between with a manufacturer of a product that was injected into exhaust systems of diesel-powered vehicles. Nonox Australia v Certain Underwriters at Lloyds Subscribing to Contract No CV0263CGL  NSWSC 221
- Advising and acting on behalf of a major insurer concerning declaratory relief sought in line with a mortgage industry professional indemnity policy, including section 601(AG) of the Corporations Act (Cth) (recovery from insurer directly) and fraud exclusion – Smart v AAI Ltd; JRK Realty Pty Ltd v AAI Ltd  NSWSC 392
- Acting on behalf of the Chief Executive Officer of a statutory body involving claims of misfeasance in public office plus judicial review proceedings including appeal proceedings – Golden v V’landys  NSWSC 1709; Golden v V’landys  NSWCA 300
- Acting on behalf of the Royal Australian & New Zealand College of Psychiatrists regarding alleged contraventions of the Racial Discrimination Act 1975 (Cth) – Maiocchi v Royal Australian & New Zealand College of Psychiatrists (No 4)  FCA 33
- Acting on behalf of a barrister in a case involving advocates immunity in NSW Court of Appeal and successfully resisting an application for special leave – Young v Hones  NSWCA 337
- Advising a directors & officers and company reimbursement insurer of a group of companies regarding the extent of coverage in respect of Representation Expenses and Defence Costs for an Australian Competition and Consumer Commission investigation and ‘cartel’ prosecution.
- Advising the Association liability insurer of various Health Services Union branches in connection with the Royal Commission into Trade Union’s and the Fair Work Commission’s investigations and enquiries.
- Acting on behalf of a large manufacturer of electrical substations in defence of a claim commenced by Endeavour Energy alleging negligent design and breach of contract.
Acting on behalf of numerous financial planners in relation to losses arising from the collapse of the Trio Capital Group
- Australian Insurance Law Association
- Australian Professional Indemnity Group