melbourne Office P: +61 3 9604 7902

Nick Lux

Partner


About Nick

Nick has practised in insurance law for over 20 years. His broad areas of practice include general liability and financial lines with specialities in professional indemnity (including defamation), construction and contract works claims, property liability, and industrial special risks. He also has experience in accident and health claims and fraud investigations.

Nick represents a range of Australian and overseas-based insurers with particular emphasis on Lloyd's Syndicates. Additionally, he acts on behalf of insurers in a number of large-scale property liability claims, and professional indemnity matters for construction (engineers, architects, surveyors and D&C contractors) and financial professionals (financial planners, advisers, stockbrokers, insurance brokers, mortgage managers, accountants and superannuation fund managers).

Nick has broad experience across a range of key industry sectors, leading to his involvement in numerous claims (both as defence and coverage counsel) involving IT and software development professionals.

Nick also acts in various management liability matters with particular emphasis on employment practice claims (both before the Fair Work Commission and the Federal Circuit Court) and occupational health and safety investigations.

Areas of Expertise

  • Management Liability
  • EPL
  • Professional Indemnity
  • Financial Institutions
  • Cyber & Data Security
  • Regulatory, Inquiry, Investigation & Prosecution
  • Energy & Mining

Industry Representation

  • Construction & Infrastructure
  • Energy & Mining
  • Financial Institutions & Services
  • Professions & Business Services
  • Technology & Cyber

Nick's Experience

  • Acting for QBE in respect of representative proceedings commenced against financial planners arising out of the $300 million Westpoint property collapse.
  • Acting for QBE in litigated proceedings commenced in respect of a declinature arising out of the Westpoint property collapse: Glenhurst Corporation Pty Ltd (In Liq) v QBE Insurance (Australia) Limited.
  • Acting for the directors of a large employer-sponsored superannuation fund in relation to an APRA disqualification and subsequent proceedings commenced in the AAT (VBC & Ors v APRA).
  • Acting as defence counsel for Australia’s fifth largest financial planning and accounting firm in respect of its professional negligence claims Australia-wide.
  • Acting for various financial planning groups and stockbrokers in claims brought in FOS and COSL.
  • Acting for Nelson Wheeler (on instructions from its insurer) in appeal proceedings in the High Court of Australia (Duke Group v Pilmer & Ors).
  • Acting for various Lloyd’s Syndicates in respect of property damage and business interruptions claims arising out of the Varanus Island gas explosion.
  • Acting for insurers on behalf of various design and construction companies in relation to a number of large-scale property developments across both Victoria and South Australia.
  • Acting for insurers in respect of the business interruption claim arising out of the Beaconsfield mine collapse (Allstate Explorations NL v QBE Insurance (Australia) Limited).
  • Acting for insurers in various property damage claims arising from a range of circumstances including fire, flood and building defects, as well as associated recovery actions.
  • Acting for insurers in various business interruption loss claims associated with property damage.
  • Acting for insurers and superannuation trustees in respect of various life, TPD, and income protection insurance claims.
  • Acting for insurers in respect of medical sickness and repatriation claims under travel insurance policies.
  • Various subrogated recovery claims brought on behalf of insurers for the recovery of losses paid under fidelity policies (typically involving obtaining freezing orders and injunctions from Superior Courts).
  • Acting for various medical professionals in disciplinary proceedings in respect of complaints made to AHPRA concerning the professional misconduct and unprofessional conduct.
  • Representing directors at examinations before ASIC pursuant to the regulator’s compulsory examinations powers under both the ASIC Act and the Corporations Act.
  • Acting for directors and officers (on instructions from insurers) in various management liability matters including unfair dismissal and adverse action claims, and other miscellaneous disputes.
  • Acting for insurers in claims for indemnity made under IT professional policy wordings (with specific emphasis on the application of delay and acceptance test exclusions).
  • Acting for IT professionals (on instructions from insurers) in the defence of claims made by their customers arising out of software development projects.

Professional Affiliations

  • Australian Insurance Law Association
  • Australian Professional Indemnity Group
  • Australian and New Zealand Institute of Insurance and Finance
  • The Society of Construction Law Australia
  • Building Dispute Practitioners Society
  • Law Institute of Victoria