Cain assists large multi-national insurers, a number of London market insurers operating in Australia, and financial services providers including several ASX listed financial services groups, with coverage issues and defence work for professional indemnity, financial institution, management liability and D&O claims. He is trusted by clients for providing astute commercial advice in highly complex matters.

Over the past 18 months, Cain has acted in several of Australia’s most high-profile class actions, including Slater & Gordon, the Myer proceedings, Quintis and Ashley Services. He is currently retained on some of the most significant insurance litigation cases, including corporate collapses, multi-party law suits, and advising primary D&O insurers in five securities class actions.

As leader of Wotton + Kearney’s Financial Lines practice and a member of the firm’s executive committee, Cain is one of the key individuals who ensures the firm has the right strategic direction and culture to be able to respond to the issues our insurance clients will face in the future. Cain is consistently recognised by clients and colleagues as a leading individual in insurance law. He has been ranked as a leading insurance lawyer in Australia by Chambers Asia-Pacific since 2013.

Professional Indemnity

  • Acting for the professional indemnity insurers of investment advisory groups in class actions in Victoria, New South Wales and Queensland.
  • Defending professional indemnity and management liability claims against SME businesses in civil, criminal, regulatory and disciplinary claims, including for professional negligence, statutory liability (trade practices, workplace, environmental) and employment practices breaches (adverse action, harassment, bullying, discrimination, unfair dismissal).

Directors + Officers

  • Coverage counsel for the primary D&O insurer of a flavoured beverage producer in Federal Court proceedings brought by the purchaser regarding its $1.5 billion purchase of the producer’s holding company.
  • Coverage counsel for the London market in securities class actions against Slater & Gordon Limited.
  • Defence counsel for a corporate advisory practice in its role as adviser in an ASX-listing in three Supreme Court proceedings brought by the receivers and liquidators of an aged care retirement trust for $100+ million.

Financial Institutions

  • Advising reinsurers about major losses at one of Australia’s big four banks.
  • Acting for investment manager insurers on a $55 million action involving the implementation of an allegedly defective IT system.

Reinsurance + Regulatory

  • Handling all professional negligence claims and regulatory issues for one of Australia’s largest private client stockbroking and investment advisory groups.
Areas of Expertise
  • Class Actions
  • Directors + Officers Liability
  • Financial Institutions
  • Management Liability
  • Professional Liability

Industry Representation
  • Financial Institutions + Services
  • Professions + Business Services
  • Technology + Cyber

Professional Affiliations
  • Australian Insurance Law Association
  • Australian Professional Indemnity Group
  • Law Institute of Victoria