Professional Indemnity

• Acting for accountants in litigated proceedings involving allegations of negligent tax structuring advice.
• Regularly acting for financial planners and AFSLs arising from allegations of negligent financial planning advice.
• Acting for stockbrokers in respect of allegations flowing from use of managed discretionary accounts and trading derivatives.

Financial Institutions

• Acting for AFSLs and financial planners in actions before AFCA and the courts involving issues such as negligent advice to invest in real property through an SMSF, advice to invest in cryptocurrency, advice to switch between life insurers.
• Acting for insurers in respect of indemnity disputes involving AFSLs.
• Representing a financial advisory firm whose authorised representative defrauded clients of more than $2 million. Claims were brought by multiple former clients through the Financial Ombudsman Service and in court proceedings.
• Representing a financial planner and AFSL in a series of litigated proceedings in the Supreme Court of NSW. The proceedings arose from allegations that the planner’s retainer extended to advice to invest in a speculative property scheme. Suzanne was able to resolve these proceedings for a significantly discounted sum at mediation.
• Acting for insurers of an AFSL in litigated proceedings involving 100s clients who had suffered losses arising from the collapse of a large managed investment fund. Suzanne was able to wrap up those claims made against the AFSL through the establishment of a deed of company arrangement,  a novel settlement structure which achieved certainty of outcome for all concerned.
• Acting for an AFSL who was sued as a result of the planner’s failure to note a pre-existing medical condition on a client’s application for life insurance. Suzanne assessed the risks early and was able to negotiate a competitive settlement based on the claimant’s own contributory negligence in completing the application form, prior to the commencement of litigation.

Management Liability

• Acting for the directors of a cultural Club in litigated oppressive conduct proceedings brought by Club members, successfully defending the matter through to the conclusion of Court of Appeal proceedings.
• Defending a defamation claim brought against a local council employee.
• Acting for a local councillor in a VCAT appeal from disciplinary misconduct findings at a panel level.
• Acting for insurers to provide coverage advice on statutory liability matters before various different types of regulators, and regularly acting for insureds in defending regulatory proceedings.

Directors + Officers

• Acting in unfair preference claims, including claims for indemnity against directors brought by the Commissioner of Taxation.
• Defending directors of an independent school, on instructions from management liability insurers, against a multi-million dollar insolvent trading claim.
• Acting for reinsurers following major losses at one of Australia’s big four banks.