Class Actions

Advising and acting for insurers in connection with the ‘Count Financial Class Action’, claims against Count Financial arising from the receipt of commissions and bonuses paid to Count Financial authorised representatives in contravention of FOFA reforms

Advising and acting for insurers in connection with the class action against Commonwealth Financial Planning Ltd, Financial Wisdom Limited and CommInsure in respect of the sale of life insurance products by CommInsure at substantially higher premiums than life insurance products offered by competitors

Advising and acting for the primary layer D&O/entity securities insurer in the UGL securities class action claim arising from UGL’s November 2014 announcement of the need to review the financial performance of its involvement in the Ichthys Project in the Northern Territory

Advising and acting for the first and second excess layer insurers in the Worley Parsons class action claim, which involved allegations of breach of continuous disclosure obligations/ misleading or deceptive conduct by Worley Parsons concerning its anticipated FY2014 profit

Advising and acting for the primary layer D&O/entity securities insurer in the Sirtex securities class action claim, which involved allegations Sirtex misled the market in 2016 concerning the actual and anticipated sales in FY2017 of its cancer treatment product and by allegedly failing to disclose insider trading of shares in Sirtex by its former CEO

Advising and acting for insurers in the Woolworths securities class action claim arising from a downgrade announcement made by Woolworths in February 2015 regarding anticipated FY2015 profit, and an investor strategy meeting held by Woolworths in May 2015 on the same topic

Acting for excess Side A D&O insurers of RCR Tomlinson Limited in respect of class actions brought following delays and cost overruns on solar farm projects, capital raising and subsequent appointment of administrators

Acting for excess layer insurers of CIMIC Group Limited in indemnity proceedings concerning claimed losses arising from the disclosure and investigation of allegations of corrupt business practices and the resolution of subsequent class action proceedings

Advising and acting for Chubb as primary insurer in the Surfstitch securities class action claim in connection with significant earnings downgrades in 2016, which settled in 2021 for a publicly disclosed amount of approximately $6.5 million

Advising and acting for the second excess D&O insurers in the Vocation securities class action claim, which involved allegations of breaches of continuous disclosure obligations/misleading or deceptive conduct and settled in 2021 for a publicly disclosed amount of approximately $50 million

Advising and acting for an excess layer D&O/entity securities insurer in the Billabong securities class action claim arising from earnings downgrade announcements in 2011, which settled in July 2016 for a publicly disclosed amount of approximately $45 million

Advising and acting for various insurers in the Leightons securities class action claim arising from its $1.1 billion write-down in April 2011, which settled in May 2014 for a publicly disclosed amount of approximately $70 million

Appearing for and advising directors in connection with the conduct of board investigations and examinations, inquests and investigations conducted by regulators including ASIC, ACCC and ICAC

The USA Class Action Claim of Dennis, Sonterra Capital at al against JP Morgan Chase & Co, et al. These were proceedings in the US District Court, District of New York, against a variety of banks (including CBA, Westpac, NAB, ANZ and Macquarie bank), for alleged manipulation by those banks of the BBSW (Bank Bill Swap Rate)

Advising Spiral Foods in relation to the Bonsoy class action

Advising and acting for a party in the current Federal Court proceedings brought by investors and financiers of the CLEM7 tunnel in Brisbane

Advising and acting for insurers in connection with the 2011 Queensland Floods class action

Advising professional indemnity insurers in connection with a claim arising out of the conduct of the Malaysian Airlines MH17 class action proceedings

Acting as coverage and monitoring counsel in respect of significant excess of loss insurance exposures relating to class action claims arising out of the 2009 Victorian Bushfires

Advising and acting for various insurers in the CBA securities class action claim arising from the AML/CTF civil penalties claim brought against CBA by AUSTRAC (which civil penalties claim resulted in a penalty of $700 million imposed on CBA by Yates J in July 2018)