Find Lawyers in Brisbane, Australia for Professional Malpractice Litigation
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Professional Malpractice Litigation - Brisbane, AustraliaAbout this Practice Area
Drew has over 20 years’ experience as an insurance and commercial litigation lawyer. His area of focus has been the defence of professional negligence claims, directors' and officers' claims and medical malpractice. His commercial dispute practice includes shareholder, partnership and joint venture disputes, domestic and commercial building disputes, injunctive and declaratory relief and administrative law. Drew advises on risk management for professional service firms. Drew has been re...
About Kiley Kiley is a specialist insurance and construction lawyer with 20 years’ experience resolving disputes on behalf of local and UK-based insurers and private companies as well as front-end contract negotiation.Kiley is passionate about driving change at all levels so, in addition to her practice, she recently became a member of Sparke Helmore’s Diversity and Inclusion Committee. She is an advocate for bringing your “whole self” to work—with a long history...
Ceri is a financial lines and construction professional indemnity lawyer with over 25 years’ experience defending and resolving claims on behalf of solicitors, accountants, engineers from many disciplines, town planners, valuers, financial advisers, insurance brokers, directors, officers and trustees. She also handles employment practices and management liability claims, provides drafting and coverage advice on all types of insurance policies and has successfully defended insurers in co...
About Shane Shane is a senior dispute resolution and insolvency lawyer in our Corporate and Commercial team. He assists clients across a range of disputes, always with a focus on commercial outcomes, and has a broad practice in all aspects of insolvency and restructuring. What he does Shane advises and represents clients from SMEs to institutions across a range of disputes, including general contractual disputes, Corporations Act issues, property disputes (including planning and environment d...
Professional Malpractice Litigation Definition
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.
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.
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