Professional indemnity and financial lines

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We advise on professional indemnity insurance for professionals and when claims arise for negligence. We also act in Financial Lines matters for organisations involving claims around employment practices such as unfair dismissal and discrimination. Our team also acts in claims against directors and company officers involving allegations of breaches of their duties, including under the Corporations Act 2001 (Cth).

Property

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When property or infrastructure is damaged, an insurance claim will likely follow. Our team are specialists in handling claims relating to events involving motor vehicles and other property. We investigate incidents to determine where the fault lies, advise on issues that may arise, defend claims and recover liabilities. We also have extensive experience working with the car hire sector, including drafting policies and industry-wide guidelines.

Life insurance

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We are thoroughly familiar with the principles and practice of life insurance, including death claims, terminal illness, total and permanent disablement and income protection. We advise and act for the trustees of large APRA-regulated superannuation funds in litigated life insurance claims in the Federal Court and State courts, and in complaints to the Australian Financial Complaints Authority. We know how the Insurance Contracts Act 1984 (Cth) can assist a claim, contrary to the literal words of the policy wording. We have been very extensively involved in drafting and negotiating group life insurance policies.

Workers compensation

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When workers are injured physically or psychologically in the course of their employment, they can seek statutory compensation and common law damages. We work with the Victorian WorkCover Authority as well as large self-insured companies in the defence of compensation and damages claims. Our TG Legal +Technology division provides in-depthspecialist knowledge and experience that enables us to provide efficient andeffective solutions to complex problems. We thoroughly review all claims and resolve where an entitlement exists on fair and reasonable terms for all parties. We examine all aspects of a claim, from the circumstances surrounding the injury, to the applicable medical detail and issues of liability and indemnity to ensure the appropriate outcome is obtained. The team also works with Victoria's Transport Accident Commission, bringing a similar approach to reviewing, defending and resolving as appropriate, injury claims from transport accidents.

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Our TG Legal + Technology division provides in-depth specialist knowledge and experience that enables us to provide efficient and effective solutions to complex problems.

Policy drafting

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We have extensive experience drafting insurance policies. For more than a decade we have been engaged by National Transport Insurance to draft its Motor, Fleet, Liability and Marine Freight policies and its "Yellow Cover" policy for equipment, mobile plant and machinery. We were also engaged by the Legal Services Council to advise on the Professional Indemnity Insurance section of the Legal Profession Uniform General Rules. On behalf of the Council we also reviewed the professional indemnity policy wordings issued to lawyers in other states for compliance with the Uniform General Rules. We have been very extensively involved in drafting and negotiating group life insurance policies.

Regulation

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We have drafted and reviewed Product Disclosure Statements, Financial Services Guides and Statements of Advice for general and life insurance products since the current regime commenced in 2002. Our work requires coverage of the Insurance Contracts Act 1984 (Cth), the Life Insurance Act 1995 (Cth), the unfair insurance contract terms provisions in the Australian Securities and Investments Commission Act 2001 (Cth), and the Corporations Act 2001 (Cth).

Risk management

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Risk allocation is now one of the most important elements of a successful business. Our team undertakes front and back end risk assessments of business and claims processes and insurance programs to ensure appropriate risk allocation and compliance. We review insurance programs with reference to limits obtained and policy wordings. Our contract reviews, with particular reference to insurance and indemnity clauses, ensure our clients are not assuming obligations that would place them in breach of their insurance obligations.

Commissions and inquiries

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Having been engaged to advise and appear in a number of the nation's most high profile, long running and complex Royal Commissions and inquiries, we are accustomed to helping clients navigate extremely difficult processes through intensive document review and witness preparation and emerging on the other side with reputations that are not only preserved but enhanced.

These have included the 2009 Victorian Bushfires Royal Commission, the Royal Commission into Institutional Responses to Child Sexual Abuse, the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, the Royal Commission into Aged Care Quality and Safety, the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability and the Victorian Covid-19 Hotel Quarantine Inquiry.

Our team also works with clients facing workplace health and safety investigations and inquests, which can have significant financial and reputational consequences.

Warranty and indemnity

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Warranty and indemnity insurance has become more difficult to obtain since the start of the pandemic, with leverage shifting towards insurers. Scoping in due diligence is more often impacted by the requirements of insurers and underwriters. Our Insurance team works closely with our large M&A team to assist our clients navigate preparation for the involvement of insurers and their advisors, and to amend the policy terms and interaction with transaction documents.