Find Lawyers in Sydney, Australia for Professional Malpractice Litigation
Practice Area Overview
Professionals and commercial organisations operate in increasingly regulated environments, subject to general and specific laws, industry and professional association rules, standards and guidelines and requirements set by regulators.
Individuals that operate in these areas are held accountable by regulators, industry and professional associations, as well as in some instances by compulsory dispute resolution bodies and ombudsmen and, of course, tribunals and courts. The threat of potential claims and litigation is very real — with claims usually arising from unforseen events. There also is a growing trend in disciplinary hearings or other administrative proceedings by regulators and professional associations.
As a result, professionals and commercial organisations often obtain insurance with the intention that it will respond to these events, and particularly to any liability that the insured professional may have and to their costs of defending themselves or being represented in regulatory investigations.
Civil liability cover (as professional indemnity insurance is often now termed, given that it extends to operations beyond traditional professions and to matters beyond a breach of professional duty) covers a range of disciplines including those involved in insurance broking, financial services, engineering and construction, architecture and design, medical/health, accounting, legal, and valuation. This class of insurance is sold principally through brokers either as a stand-alone product or bundled with other products, such as management liability or directors’ and officers’ liability.
In Australia, “professional indemnity” is a recognised area of specialty for lawyers and it is the name usually preferred to the term “professional malpractice” in Australian usage. Professional indemnity lawyers specialise in acting for insured organisations and individuals, and for insurers, in a range of related ways:
- litigation defence — both in formal court proceedings and in tribunals and external dispute resolution scheme
- coverage advice — including acting in coverage disputes under policies
- representation in regulatory investigations — including investigations by the securities regulator
- defence of disciplinary proceedings — an emerging sub-speciality in the broader field of professional indemnity/professional malpractice
- advice on insurance and risk transfer in corporate transactions — including advice on insurance clauses in commercial contracts, as well as related issues such as caps on liabilityand due diligence, and
- commercial advice — including preparing or reviewing policy wordings, and related advice outside the dispute context.
Select a location from the list below to find the best legal talent for your needs.
A founder of Meridian Lawyers and Managing Principal, Paul’s reputation as a leading insurance and health lawyer has been realised through his involvement in a number of high profile cases – in particular the generic substitution litigation in the early 1990s, the 1995 Fairfax litigation, a number of high profile sports litigation matters. He has acted as the principal legal adviser to Guild Insurance Limited since the 1980s, dealing with professional indemnity claims, defamation,...
Paul has practised as an insurance lawyer for more than 30 years. For the past 20 years he has built a specialised practice in health law, working closely with medical defence insurers defending complex health liability claims, including catastrophic injury claims. He has acted in various health liability matters involving the liability of general practitioners and medical specialists in such matters as delayed diagnosis of cancer, misdiagnosis, adverse outcomes in surgery, anaesthetic advers...
Malcolm has particular experience in class actions, supplemented by specialist expertise in insurance, including providing coverage advice to insurers as well as acting to defend their insureds. He has an outstanding track record of achieving positive outcomes for clients by resolving their disputes in a timely and cost-effective fashion without litigation where possible, and by litigating to successful conclusions where necessary. His clients expect and receive proactive and early advice whi...
John is a senior partner in our Insurance Group and a former Chairman of the firm. He runs a full-time practice that focuses on professional indemnity, directors' and officers' (D&O) liability, commercial litigation and aviation litigation. What he does John advises a wide range of professional people across the construction and financial planning industries and company directors, officers and other lawyers in defence of legal negligence claims. He is mostly retained by large Australian a...
Robert practises in insurance law and litigation, with a focus on professional indemnity and product liability insurance. He joined Meridian Lawyers in November 2014, bringing a wealth of experience in insurance law, having acted in many high profile insurance cases. He acts for overseas underwriters, particularly Lloyd’s Syndicates and others in the London insurance market. He also advises insurers, brokers, underwriting agents and insured parties and provides risk management advice to...
Matthew is not only a leading insurance lawyer but is highly regarded in developing key client relationships and key client teams to create long standing partnerships. Matthew is the co-lead of the Firm’s award winning National Financial Services + Insurance Industry Group. Matthew enjoys a strong industry presence including with key industry associations such as ANZIIF and FSC, and also Government where he has held a number of key advisory positions. Matthew’s experience in manag...
Mark specialises in professional indemnity and directors' and officers' claims and has been involved in some of Australia's most notable PI and D&O claims. He also has an interest in clinical negligence claims, reinsurance disputes and cyber issues. Mark is the current chairman and a director of Lloyd's Australia Limited. What he does Mark advises insurers and insureds on professional indemnity matters, directors' and officers' (D&O) claims and cyber risk. He conducts medico-legal and...
Lindsay is a market leading practitioner and legal literary author, with more than 40 years' industry experience. He specialises in professional indemnity with a focus on valuers, construction and property. Lindsay has practised in the London market since 1983, becoming one of the most high profile Australian lawyers to practise in this market. He has co-authored the second edition of Valuers' Liability and was the principal author of the Risk Management Module produced for the Australian Pro...
Scott McDonald has more than 30 years' commercial litigation experience. He works on complex commercial disputes, competition law litigation, alternative dispute resolution, bankruptcy and insolvency. He also practises in the emerging field of international commercial arbitration with a particular focus on cross-border trade disputes. What he does Scott provides regulatory advice to publicly listed companies, and their directors and officers, on statutory notices or examination requests from ...
Julian, who is named on the Best Lawyers in Australia list, has more than 26 years' experience in insurance law and expertise in casualty, liability, construction risk and products liability. Julian is also recommended as a Leading Professional Indemnity Lawyer in NSW in the 2017 Doyle's Guide. What he does Julian provides advice on large and complex building and engineering claims, claims against individuals in the corrective and detention services industries, as well as products liability c...
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