Pamela Madafiglio

|Partner

Pamela regularly advises private and public sector clients on administrative law issues. She is highly skilled in statutory interpretation, advising on issues such as the limits of an agency’s statutory powers and its adherence to proper procedures. She also provides advice on the regulatory environment of the public sector which includes the Freedom of Information and Government Information (Public Access) legislation, the Ombudsman Act, the ICAC Act, the State Owned Corporations Act, and the Public Finance and Audit Act.

Pamela is well versed in the use of arbitration as a form of managing and resolving disputes. Pamela has experience in drafting arbitration agreements, choosing the most appropriate arbitrator, choosing the appropriate type of arbitration for the dispute, identifying innovative processes to reduce the time and cost of dispute resolution and conducting the proceedings and providing strategic advice.

A highly experienced and sought-after litigator, Pamela has been involved in a number of Australia’s leading class actions. One of her class actions was the Aristocrat litigation over alleged defective market disclosures. This prominent case raised novel issues of causation and quantification of damages, yet to be resolved under Australian law.

Pamela's skills as a litigator are critical to the proper handling of sensitive inquiries by ASIC and other regulators. Recently, Pamela advised a client on their appearance before an ACT Parliamentary Inquiry with a successful outcome that jointly addressed political and community concerns. Notably, Pamela advised in the high-profile James Hardie Special Commission of Inquiry and has instructions in relation to the Queensland flood Commission of Inquiry. Both her administrative law and insurance expertise complement this area of her work. For example, she often advises on insurance issues that arise upon a person or organisation's participation in such inquiries.

Pamela is recognised for her high level of expertise in all forms of disputes and litigation across Australia. Pamela has developed a strong market reputation for effectively dealing with commercial disputes in the courts and through alternative dispute resolution mechanisms. Pamela has experience in managing the full spectrum of disputes including high profile, complex multi-jurisdictional disputes, class actions, regulatory investigations and disputes and government inquiries.

Pamela has extensive experience on the establishment and regulation of insurance distribution channels though licensee, authorised representative, distributor and group policy models. Pamela also advises on disclosure requirements, promotional and training material, dealing with industry regulators and financial services licensing issues.

Pamela is an expert in issues that arise in the regulatory environment of the higher education sector. She regularly advises universities and other tertiary education providers on their enabling legislation, as well as matters to do with student affairs. She also represents them in litigation. In addition, Pamela advises secondary schools on their liability exposures and insurance and indemnity issues. Her administrative law expertise complements her work in this area, for example, by ensuring both the education provider and regulator act within the bounds of relevant legislation.

Pamela has been recognised for her well established general advisory insurance practice spanning 30 years. Pamela's insurance advisory includes commercial arrangements, compliance (Insurance Contracts Act, FSR, GST, privacy, discrimination and Code) and policy drafting and sign-offs. Pamela is an expert in the Insurance Contracts Act and is responsible for developing Minter Ellison's Insurance Contracts Handbook: an annotated reference of the legislation affecting Australian insurance contracts, now in its sixth edition.

A leading insurance lawyer and litigator, Pamela regularly advises both insurers and corporate clients on their claims. Acting for a broad range of domestic and international insurers, statutory authorities and captive insurers, Pamela is consistently noted as a leading individual in this field. Her practice primarily focuses on professional, directors and officers, product, and other forms of liability, and property and information technology. More specifically, Pamela has acted as coverage and defence counsel in many directors' liability cases for a range of organisations including listed and unlisted entities and incorporated associations.

Pamela has a strong track record in the resolution of technology-related disputes including disputes relating to the adequacy of data management and other IT systems/services and contractual compliance.

One of the firm’s most experienced insurance lawyers, Pamela Madafiglio heads our Sydney Insurance and Corporate Disputes team. With over 30 years in practice, she has formidable expertise in complex corporate litigation, insurance, product liability and administrative law.

Pamela deals with all forms of insurance including professional indemnity, directors and officers, trustees liability and financial institutions. She has vast experience in product development including policy wordings in both retail and wholesale lines, and corporate risk.

A sought-after litigator, Pamela has led complex commercial litigation and high-profile class actions across diverse sectors including financial services, insurance, pharmaceutical, health, manufacturing, energy, higher education and government.

In her administrative law practice, Pamela works with universities on governance, funding, student discipline and other regulatory matters. She regularly advises on enabling and other relevant legislation such as the freedom of information state and commonwealth legislation, and the Independent Commission Against Corruption and Ombudsman’s Acts.

Pamela’s combined insurance, litigious and administrative law expertise has also seen her involved in Inquiries and Royal Commissions, most recently in the high-profile James Hardie matter. She currently has instructions in relation to the Queensland flood Commission of Inquiry.

Consistently recognised as one of Australia’s leading insurance and dispute resolution lawyers, Chambers Global notably describes her as ‘sensational’ and ‘a first-class lawyer with enormous intellectual capacity’.

Pamela is the principal author of the firm’s highly regarded Insurance Contracts Handbook, and maintains a strong involvement with both the insurance industry and administrative law associations, having held senior positions on peak industry bodies.

Pamela's practice involves all aspects of international dispute resolution including advice and litigation. Pamela's work has included advice on whether or not to submit to a foreign court's jurisdiction and the risks/implications in Australia for not defending overseas proceedings.

Pamela advises on all aspects of life insurance and has gained a thorough knowledge of the industry through years of advising clients, participating in industry forums and taking an active role in regulatory developments affecting the industry.

Pamela has advised on various life products including group policies, consumer credit insurance, and other conventional/traditional business.

In addition to a strong life insurance advisory practice, Pamela is also noted for her life insurance claims practice. As highly skilled litigator, Pamela has assisted many insurers and insureds in order to achieve effective and favourable outcomes.

Pamela's practice also extends to acting for trustees, and working closely for and with reinsurers. She advises trustees, insurers and employers on group policies and claims under them.

Pamela has a deep and practical understanding of the regulatory environment for the insurance industry and is actively involved in industry working groups and associations. Pamela and her team regularly manages regulatory issues for domestic insurers. This puts her at the forefront of regulatory change and means she is well placed to advise clients. Pamela has previously worked in the area of FSR Reform, GST and Code changes.

Pamela has experience in client response to regulatory investigations, especially by ASIC and APRA. This typically involves notices for the compulsory production of documents, providing information and the summonsing of key executives to give confidential sworn evidence.

Pamela is one of Minter Ellison's leading reinsurance experts. Pamela acts on behalf of insurers, reinsurers, major corporations and brokers across various industries in all aspects of contentious and non-contentious matters and has significant experience in technical reinsurance matters, policy wording and compliance complemented by practical experience.

Pamela brings technical insurance expertise to transactions in the insurance industry. Pamela is often involved in the insurance, risk and litigation components of due diligence in transactions.