About Naomi Miller
Naomi specialises in large scale and complex litigation, primarily for financial lines, D&O and professional indemnity insurers. She has acted as defence counsel for directors in regulatory prosecutions, compulsory examinations, class actions and civil proceedings.
Additionally, she has acted as coverage counsel for London underwriters in various professional indemnity and D&O claims, including managing the erosion of multi-million dollar shared insurance limits. She also has experience with complex commercial arbitrations, both within Australia and international disputes conducted under the ICC Rules.
During her time as a Senior Lawyer in the Financial Services Enforcement division of the Australian Securities and Investments Commission (ASIC), Naomi worked on a broad range of investigations and prosecutions in the financial services sector, including proceedings in relation to managed investments schemes, FOFA compliance in the professional advice sector, self-managed superannuation funds and unlicensed derivative trading.
Areas of Expertise
- Financial Lines
- Directors & Officers
- Professional Indemnity
- Regulatory Inquiry & Investigation
- Financial Institutions & Services
- Professions & Business Solutions
- Healthcare & Life Sciences
- Property & Real Estate
Naomi Miller's Experience
- Obtaining freezing and passport orders under sections 1323 and 1324 of the Corporations Act 2001, restraining the assets of 9 defendants allegedly operating an unlicensed electronic payments system and websites dealing in unlicensed binary options trading: ASIC v One Tech Media Limited & Ors – VID 288 / 2016.
- Assisting in a test case under Chapter 7.7A of the Corporations Act 2001 against a financial services licensee, in relation to failures to provide appropriate advice, and to implement reasonable steps to ensure that advisers complied with their best interests obligations under sections 961B, 961G and 961L: ASIC v NSG Services Pty Ltd – VID 585 / 2016.
- Assisting in proceedings brought against the operators of five unregistered land banking schemes, including obtaining 10 year disqualifications of company directors: ASIC v Jamie McIntyre & Ors – VID 407 / 2015 (21st Century land banking schemes).
- Acting as coverage counsel for two London syndicates who underwrote a mortgage fund and debenture issuing non-bank lender, including supervising the erosion of a shared insurance limit in a $100m class action, plus concurrent civil proceedings. Also acting as defence counsel for the London syndicates in defence of a claim against the professional liability cover.
- Acting for a director of APCH, a managed investment scheme that operated retirement villages, and collapsed with $450m in losses. Acting for the director in defence of an ASIC prosecution for breach of directors’ duties, including in a successful appeal to the Full Court of the Federal Court of Australia. Also acting in concurrent Supreme Court proceedings brought against the Board and various professional advisors, which involved high volume electronic discovery of over 1 million documents: Lewski v Australian Securities & Investments Commission  FCAFC 96; ASIC v APCH (No 3)  FCA 1342; AIG Australia Ltd v Jaques  VSCA 332; Re APCHL (No 3)  VSC 154; Re Australian Property Holdings Limited (in liq) (recs & mgrs apptd) (No 2)  VSC 576.
- Acting for 2 directors of MSB Group (formerly BDO Kendalls) – a large accountancy and professional services firm, in a $53 million claim brought by CBA pursuant to a complex equity funding arrangement. The claim focused on alleged breaches of funding covenants, alleged misrepresentation and insolvent trading: Commonwealth Bank of Australia v MSB Group Pty Ltd (in liq) SCI 2014 06025.
- Acting as coverage counsel for the underwriters of an online foreign exchange trading company, investigated by ASIC for offences including false trading and market rigging. The proceeding gave rise to a complex dispute regarding costs pursuant to the Uniform Civil Procedure Rules 2005.
- Acting for a real estate agent, in defence of a claim brought by the purchaser of a $6 million commercial nightclub premises in Chapel Street, Prahran. The purchaser sued the vendor and real estate agent, alleging failure to disclose a rent abatement agreement and misleading conduct. The claim was settled successfully for the client during trial. Judgment was given against the remaining defendants, and upheld on appeal: P-Value v Vicland Group & Ors  VSC 100.
- Acting for a prominent global architecture firm, in defence of a claim brought by the developer and builder of a 6 star energy rating office building in Melbourne CBD. The $30 million dispute related to defective glass façade panels. The claim was settled successfully on behalf of the client, prior to litigation.
- Assisting in an arbitration between the owner of the undersea energy and telecommunications interconnector that runs between Tasmania and Victoria, and Hydro Tasmania. The dispute involved complex issues around bidding into the energy grid, and a contractual interpretation dispute about the operation of the cable.
- Australian Insurance Law Association (AILA)
- Australian Professional Indemnity Group (APIG)
- Australian and New Zealand Institute of Insurance and Finance (ANZIIF)
- The Association for Women in Insurance
- Law Institute of Victoria
- Past Committee Member, Supply Chain and Logistics Association of Victoria
- Past Committee Member, ANZIIF Discussion Group