We understand the complexities of management risk and handle many hundreds of claims across a variety of industries and covers under management risk. We work with SME owners and their insurers, key decision makers and managers to resolve claims efficiently and effectively.
Our expertise across D&O, workplace practices and statutory liability mean that we are strongly placed to assist and defence our insured clients from all nature of claims made against them over the course of managing their business. We frequently act for insured entities and their directors in claims involving ASIC and regulatory investigations, breaches of directors duties and insolvent trading, civil penalty proceedings, and workplace prosecutions.
We also advise insurers and brokers on policy wording, coverage issues and recoveries.
Recent work
Acting for a construction company in its prosecution by the Victorian Architects Review Board for the inadvertent and prohibited use of the term “architectural”.
We successfully negotiated the removal and reduction of charges, in turn resulting in a very modest fine and no conviction being recorded against the company.
Defending three committee members of the management board of a failed secondary college in respect of insolvent trading allegations commenced in the Supreme Court of Victoria and resolving proceedings without prosecution. We were also engaged to manage media coverage to ensure no adverse claims were made in the press.
Acting for a range of SME businesses in OH&S prosecutions arising out of both serious injuries and fatalities within the workplace. We routinely appear in both the Local and Magistrates’ Courts and superior courts defending insureds in OH&S prosecutions by the relevant work safe authority, and where appropriate, in plea hearings where liability is not contested. We have acted in a number of important reported decisions in the area, including Parker v Venarchie Contracting Pty Ltd [2016] TASMC and DPP v Winnipeg Textiles Pty Ltd [2016] VCC 1630
Successful defence of defamation proceedings against a body corporate committee including overturning an interim injunction obtained ex-parte which then resulted in the proceedings being discontinued in Chen v Carter [2013] NZHC 1397, successfully defending a private prosecution following a forestry fatality in Mahunga v AG Sinton [2015] NZDC, and mitigation of charges against a painter under new HSE legislation, achieving a reduced sentence in Worksafe v Lindsay Whyte Painters & Decorators Limited [2017] NZDC.