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Complex Liabilities, Insurance and Regulation 

Expert litigation when a risk becomes a liability. Specialist strategic advice and regulatory expertise to prevent further risks, backed by a national AI Advisory team of specialists.  
 
Complex Liabilities, Insurance and Regulation (CLIR) is Australia’s only dedicated specialist complex tort and other liabilities and insurance lifecycle practice and home to Australia’s market-leading media and defamation practice.

How we can help

CLIR brings together market‑leading expertise across complex torts and other civil liabilities, insurance advice and disputes, public law, regulatory responses and enforcement, supporting boards, senior executives, Government and insurers in matters where legal, commercial and reputational issues intersect.

We advise in high-stakes matters shaping Australia’s legal and risk landscape, including:

  • Insurance coverage advice and indemnity disputes 
  • Insurance policy drafting and compliance advice 
  • AI advisory and governance across all sectors and industries
  • Warranty and indemnity advisory and disputes
  • Class actions involving major torts and other civil liabilities
  • Health and human services liabilities and regulation for the private and public sectors
  • Commissions of inquiries, including Royal Commissions, Special Commissions and Coronial Inquests
  • Professional Indemnity (PI) and Directors' and Officers’ liabilities (D&O)
  • Managing specialist risk portfolios of sensitive claims (including historical abuse) and dust (including asbestos injuries and silicosis)
  • Managing specialist risk portfolios of sensitive claims, dust and silicosis matters
  • Managing privacy, cyber and data risks across sectors and industries
  • Media and defamation, including reputation management and media crisis response 
  • Public law advisory and litigation
     

When exposure escalates into significant disputes, regulatory investigations or public scrutiny, our practitioners apply their litigation experience to develop strategies that:

  • Resolve complex insurance disputes and liability claims
  • Manage reputational risk and media exposure
  • Navigate regulatory investigations, regulatory enforcement and public inquiries
  • Protect organisations, executives and Government during crisis and scrutiny

Knowledge and expertise

Our practitioners operate across our Firm's business units to deliver integrated solutions, and we operate on a value-based pricing model that reflects the specialist nature of our work. Our digital tools underpin our service excellence, helping you move faster, reduce risk and unlock better outcomes with clarity and confidence.

  • Insurance advisory and coverage disputes
  • Complex liability disputes for corporates and Government
  • Health, Human Services and Life Sciences for corporates and Government
  • Media and defamation
  • Inquiries and investigations
  • Public Law and Government Advisory
Insurance advisory and coverage disputes

Our insurance advisory and coverage disputes practice is one of the few in Australia offering genuinely end‑to‑end capability across the full insurance lifecycle, combining a comprehensive front‑end advisory practice with deep expertise in policy coverage interpretation and complex coverage disputes together with the management of non-litigated and litigated claims. We advise insurers, brokers, corporate policyholders and government clients on insurance and corporate risks, regulatory obligations, risk transfer structures, insurance programs and health checks, review of and drafting of insurance contracts and insurance policy provisions including endorsements.  

We are engaged in high‑value and technically complex disputes across professional indemnity, D&O, Warranty and Indemnity (W&I) insurance, product liability, property, Crime/ ISR Fidelity, Surety, Life Sciences, IPO liability, travel and life and self‑insured programs. Our national team works seamlessly across offices and business units, partnering with M&A teams on W&I and insurance due diligence, supporting Real Estate and Construction teams on indemnities and contractual risk allocation, and working closely with Disputes teams to manage insurer requirements in major litigation. This integrated model allows us to deliver strategic, commercially grounded advice that aligns coverage positions, transactional risk, and disputes strategy for our clients.

Work we assist with:

  • Drafting and reviewing policy wordings, endorsements, exclusions and reinsurance arrangements.
  • Reviewing the appropriateness of insurance programs and policy wordings.
  • Advising on contractual indemnity, policy coverage interpretation, allocation, dual insurance and contribution issues.
  • Providing front‑end advisory support on insurance regulatory compliance, agency agreements, establishing insurance companies for foreign insurers, review of corporate insurance structures and distribution agreements.
  • Providing specialist insurance expertise for private and public sectors including infrastructure and general construction projects and PPPs.
  • Supporting M&A teams with W&I policy placement, insurance due diligence, and transactional risk allocation as well as claims if there are any.
  • Advising Real Estate and Construction clients on contractual indemnities, insurance clauses, and risk‑transfer mechanisms.
  • Managing complex coverage disputes under all policy wording types including professional indemnity, D&O, W&I, product liability, property, and ISR insurances including coverage disputes.
  • Managing complex and catastrophic claims with reputational risk and high value quantum exposure.
  • Assisting corporate clients to understand insurance policy application, reviewing and assessing coverage determinations and management of insurer expectations, including reporting requirements and strategy in major litigation.

Insurance Industry

Complex liability disputes for corporates and Government

Our complex liability disputes practice supports corporate and government clients facing high‑exposure, reputational risk and sensitive and technically challenging claims across all industry groups. Such liability disputes include major torts, professional indemnity, D&O, medical malpractice, product liability, class actions, and dust diseases litigation. We have deep experience managing claims against professionals, directors & officers, major property developers and construction companies as well as those in the mining industry and airline industry. We are also specialists in asbestos, silica and other occupational exposure claims, as well as catastrophic injury, institutional abuse and systemic risk matters that require careful navigation of legal, operational and reputational considerations. A core part of our offering is our nationally integrated Sensitive Claims practice, which has a long history advising and representing clients in both litigated and non‑litigated matters involving vulnerable individuals, including children, people with disability and self‑represented litigants. We adopt a personable, responsive and trauma‑informed approach, resolving claims efficiently while respecting the interests of all stakeholders, adhering to Model Litigant principles, and providing rapid incident response and risk‑management advice. As the only top‑tier firm with a well‑resourced national capability, we deliver seamless support to clients exposed to claims across multiple jurisdictions.

Work we assist with:

  • Managing major tort and catastrophic claims with high‑exposure liability, catastrophic injury, systemic risk and reputational damage.
  • Acting in class actions and multi‑party disputes involving complex liability, causation and damages issues.
  • Advising on professional indemnity disputes for corporate entities, government agencies and regulated professionals.
  • Handling dust disease litigation, including asbestos, silica and other occupational exposure claims.
  • Conducting detailed factual investigations, expert engagement and evidence management in complex disputes.
  • Providing trauma‑informed support and strategic guidance in sensitive claims involving vulnerable individuals.
  • Facilitating apologies and ‑focused resolutions in accordance with Model Litigant obligations.
  • Delivering prompt incident stakeholder response and commercial risk‑management advice following catastrophic or high‑risk events.
  • Coordinating productive insurer engagement and effective management of coverage issues in complex liability matters.

Health, Human Services and Life Sciences for corporates and Government

Our market-leading national health practice services a wide range of corporate and Government clients in the health, human services and life sciences sectors. Our expertise includes industry focused regulatory advice and investigations, AI governance and advisory, privacy law, cyber and data security, commercial contracting, health and aged care support for transactions, clinical incident response, risk and reputational management, accreditation issues, clinical trials, funding including Medicare compliance, statutory complaints, medical negligence disputes and coronial inquiries. Our team includes life sciences experts who advise biotechnology clients on clinical trials and medical research activities.

Health Law expertise    Human Services expertise

Media and defamation

Our firm's reputation in media and communications law is recognised globally. We receive instructions from international media companies and law firms around the world, as well as from Australia's largest and most influential publishers.  

Our media practice is distinguished by: 

  • In-depth knowledge and understanding of all forms of content and communications, including print, broadcast and online media, podcasts, social media, SVOD and other 'new media' formats.
  • A track record of achieving successful outcomes in a range of high profile, high risk cases.
  • Real understanding of our clients, their business needs and the issues facing the media industry.  
  • Dedication to the industry and to journalism. 

We have expertise across the full range of issues in media law, encompassing: 

  • Defamation and content issues (we offer pre-publication advice 24/7, respond to legal complaints against media clients and defend writs for defamation), contempt and court reporting/access to documents. 
  • Communications and reputational risk advice in relation to inquiries and investigations involving significant media and public scrutiny. 
  • Risks and disputes arising from AI and large language model (LLM) generated publications
  • Australian Communications and Media Authority matters, including broadcasting and online content regulations and cross-media ownership.
  • Copyright and licensing. 
  • Online content and digital data rights – regulation, liability and risk management. 
  • All employment related issues in the industry. 
  • Freedom of Information requests. 
  • Privacy and breach of confidence, including complaints to and investigations by the Office of the Australian Information Commissioner, and individual privacy tort claims. 
  • Media-related M&A and corporate transactions and media reporting restrictions and injunctions. 

Inquiries and investigations

With deep experience across Australia's most high-profile inquiries, our investigations practice is trusted by government, law enforcement and health sector clients to navigate complex, sensitive and highly scrutinised matters.

We act for government departments, health services, statutory agencies, product manufacturers and law enforcement bodies in matters spanning major coronial inquests and investigations, complex misconduct and abuse investigations across both healthcare and non-healthcare sectors. Our work encompasses institutional liability, deaths in care or custody, operational decision‑making and institutional accountability. 

We manage the full lifecycle of investigations and inquests, from evidence gathering and stakeholder engagement to witness preparation, supporting witnesses through hearings with a sensitive, trauma-informed approach.

Work we assist with: 

  • Acting for government, local councils, health and law enforcement clients in public inquiries and coronial inquests.
  • Conducting complex factual investigations, including interviewing witnesses and gathering evidence.
  • Assisting with mass document production and review, and advising on matters pertaining to PII and suppression. 
  • Preparing matters for hearings, inquests and inquiries, including issue definition and stakeholder management.
  • Advising on coronial processes, from the investigation stage through to inquest.
  • Drafting witness statements and supporting witnesses to give evidence at inquiries and inquests.
  • Managing sensitive abuse and misconduct investigations with a trauma-informed approach.

Public Law and Government Advisory

We have extensive experience advising across the full spectrum of public and administrative law, including government decision‑making, statutory interpretation, freedom of information and privacy, and acting in merits and judicial review proceedings before courts and tribunals across Australia. Our team regularly acts for Commonwealth and State/Territory departments, agencies and regulators in highly sensitive litigation and risk‑management matters, where reputational considerations are critical. We bring a clear understanding of the public sector context to dispute resolution, managing litigation proactively and with a strong focus on resolution, while assisting government clients to make robust, defensible and effective decisions within the scope of their statutory powers and functions.

Case studies

Major financial institution

We advised and acted for a major financial institution in a claim under its insurance policy covering an external fraud on the institution. We assisted our client on the formulation of the claim, proof of loss, interpretation of insuring clauses and application of any relevant exclusions. A payout of the claim was successfully negotiated with the insurers.

Bushfire Class Actions Defence

We acted for the landowner in defending class actions arising out of a large bush fire in Western Australia. This involved managing claims based on major torts and contribution claims between the defendants. We not only handled the complex liability issues and engineering expert evidence, but also the assessment of damages sought by hundreds of plaintiffs. The proceedings ultimately went to the High Court of Australia, and our client was successful in limiting their liability.

Bourke Street Inquest

The Bourke Street Coronial Inquest arose from a devastating event that profoundly affected the Victorian community. Our team supported Victoria Police members across more than 30 days of highly scrutinised hearings. Our team provided continuous guidance and management of sensitive operational issues, enabling Victoria Police members to engage constructively and with transparency throughout a demanding inquest.

Anglicare

Providing a comprehensive response to the varied, urgent and complex issues faced by Anglicare regarding the COVID-19 outbreak at its Newmarch House facility. Subsequently acting in a range of inquiries as well as acting on Anglicare's behalf in the ensuing class action.  This case was complex due to the novel nature of COVID-19, the need to balance aged care legislation, government directives, and duty of care to residents. Our firm navigated these complexities by leveraging our deep understanding of the aged care sector and legal frameworks.

Nine Entertainment Co

We acted for Nine Entertainment Co. in what has been widely described as Australia’s “defamation case of the century,” defending defamation proceedings brought by Ben Roberts Smith arising from investigative journalism published by Fairfax Media. Following a 110-day trial in the Federal Court of Australia, judgment was delivered in our clients’ favour, dismissing the proceedings and vindicating the defence of truth, with subsequent appeals and complex costs issues further underscoring the significance of the matter for Australian media and public interest journalism.

Public law litigation for government agencies

We act for numerous government agencies in federal courts and tribunals on complex judicial and merits review proceedings of public importance pertaining to statutory and executive decision-making. While we have strong relationships with leading counsel, we also have an extensive national team of specialist public law practitioners who advise and regularly appear as solicitor advocates.

 

 

FAQs

What is complex liability risk? Navigation Show below Hide below

Complex liability risk arises where legal exposure involves multiple parties, regulatory oversight, insurance coverage issues and potential reputational impact, often requiring coordinated litigation, regulatory and crisis management strategies.

When do insurance claims become insurance disputes? Navigation Show below Hide below

Insurance claims typically escalate into insurance disputes when there is disagreement over coverage, policy interpretation, indemnity scope or liability allocation. These disputes often arise in high‑value or high‑profile matters and require specialist insurance dispute and coverage advisory expertise.

How do regulatory investigations increase liability risk? Navigation Show below Hide below

Regulatory investigations and regulatory enforcement can significantly increase liability exposure by triggering litigation, insurance notification obligations, media attention and reputational risk. Early strategic advice is critical to manage escalation and protect executive and organisational interests.

How are media, defamation and reputation management connected to liability? Navigation Show below Hide below

Media scrutiny, defamation risk and reputation management frequently intersect with legal liability, particularly during crises. Defamation claims, urgent injunctions and public commentary can materially affect litigation outcomes, regulatory responses and brand trust.

When should boards and executives engage crisis and defamation advisers? Navigation Show below Hide below

Boards and executives should engage crisis management and defamation advisers as soon as legal, regulatory or reputational risk emerges, not after public escalation. Early intervention can limit exposure, protect reputation and reduce long‑term liability.

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