Professional Indemnity

• Acting for excess insurers in Supreme Court proceedings against a law firm arising from fraud by an employed solicitor. The claim was resolved via informal negotiations. The claimed quantum exceeded $13M.
• Representing a church in Supreme Court proceedings alleging undue influence, unconscionability and breach of fiduciary duty by a former member of its congregation concerning a gift given to the church 20 years ago. The claim exceeded $2M and was settled at a mediation.
• Representing an authorised intermediary for a managed investment scheme in Supreme Court proceedings brought by investors alleging misleading and deceptive conduct. The claim exceeded $6M and was resolved at mediation.
• Successfully defending a mortgage aggregator in a two week trial in the Supreme Court of NSW proceedings. The claimed quantum exceeded A$2 million.
• Representing an architect in the defence of an unlitigated claim following the collapse of a building. Charu persuaded the claimant not to pursue the claim following informal negotiations.
• Representing a building certifier in defence of proceedings in the Supreme Court of NSW brought by a strata corporation against multiple defendants. Charu persuaded the strata corporation to discontinue proceedings against the building certifier via informal negotiations. The claimed quantum exceeded $2 million.
• Acting for a European drilling rig manufacturer in the Supreme Court of NSW proceedings on a collapse of a drilling rig. Charu drafted pleadings, briefed an expert engineer, prepared lay affidavits, and appeared at interlocutory hearings. Achieved settlement in which the co-defendant indemnified insured and took over conduct of defence. The claimed quantum exceeded $1 million.

Directors & Officers

• Representing a sole director and majority shareholder in defence of a minority shareholder oppression claim in the Supreme Court of NSW. Charu briefed counsel and experts in property and business valuations, accounting and directors’ remuneration and took extensive lay affidavits. The claim was successfully resolved at a mediation. The claimed quantum exceeded $40 million.
• Acting as coverage and monitoring counsel for various insurers in relation to ASIC investigations, class actions and parliamentary inquiries concerning collapsed companies or breach of continuous disclosure obligations.

Environmental Liability

• Acting as coverage counsel for a major international insurer in relation to Supreme Court of NSW proceedings arising from an environmental liability indemnity provided in a sale agreement for two large properties in Victoria and Queensland that is partially covered by an endorsement to a Pollution Legal Liability Policy. The claim was resolved at mediation. The claimed quantum was in excess of $7 million.
• Representing a facilities management company in an investigation by a regulator following a sewage leak at a shopping centre managed by the company. The regulator concluded the investigation taking no further action against Charu’s clients following the receipt of submissions prepared by Charu.
• Acting as coverage counsel for a major international insurer in relation to a claim by a landfill operator for a leachate leak in New Zealand under a Pollution Legal Liability Policy. Participated in discussions with the broker and the insured to persuade the insured to withdraw part of their claim for uncovered costs so an amicable resolution to the coverage dispute was achieved. The claimed quantum was in excess of NZ$3 million.
• Acting as coverage counsel for a Lloyds syndicate in relation to a claim by a major utility provider in Melbourne in respect of PFAS and hydrocarbon pollution to a waterway caused by a warehouse fire under a Pollution Legal Liability Policy. The estimated costs of remediation in excess of $10 million. Charu briefed experts to engage directly with the insured, the Victorian EPA and the Victorian EPA’s expert regarding the scope of remediation required including the scope of the responsibility of the insured for the area to be cleaned up and identifying the extent of pre-existing contamination of the waterway the remediation.

Financial Institutions

• Advising a major international insurer on coverage issues arising out of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry concerning the numerous major banks, superannuation funds, insurers and other financial institutions that it insured at both the primary and excess layers under D&O and professional indemnity policies.
• Providing coverage advice to an insurer for a claim by a financial institution arising out of an ATO audit involving a global master policy and local Australian policy. Charu negotiated a resolution with the insured to the coverage dispute. The claimed quantum exceeded $1.7 million with the potential for substantial future losses.
• Representing a firm of financial advisors and their insurer in relation to 30 plus related claims lodged with the Financial Ombudsman Service in the UK. Charu prepared submissions to the Ombudsman and obtained expert reports on the financial products involved. The claimed quantum exceeded £4 million.