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Directors & Officers

Gilchrist Connell’s market-leading experts in D&O liability insurance

Directors and officers have various duties and obligations and are exposed to claims from many different sources including shareholders, regulators, creditors, customers, competitors and the company itself.  The Australian market for D&O insurance has matured significantly in recent years, mostly in response to an ever present appetite for litigation, which is supported by a sophisticated litigation funding industry.

Gilchrist Connell has a national team of market-leading experts practising in D&O liability insurance.  We advise insurers on coverage and defend directors and officers in relation to:

  • civil proceedings
  • inquiries and commissions
  • public examinations by regulators and liquidators
  • work health and safety prosecutions
  • employment practices claims

We have advised insurers and acted for directors and officers of the largest companies listed on the ASX, as well as directors and officers of SMEs and Not For Profit Entities.  We advise on claims falling under traditional D&O policies, Financial Institutions policies, Management Liability policies, as well as various others.

We have worked across a number of different industries including:

  • financial and banking
  • mining and resources
  • construction and infrastructure
  • environmental
  • food, beverage and retail
  • education
  • technology

We have advised on claims involving allegations of:

  • failing to comply with disclosure obligations, including disclosure with respect to prospectuses and product disclosure statements
  • providing misleading documents or information
  • failing to act in good faith in the best interests of the company and for a proper purpose
  • failing to avoid conflicts of interest and disclose personal interests or improperly using position or information
  • failing to exercise care and diligence
  • insolvent trading
  • failing to comply with personal liability provisions under various State and Federal statutes (including occupational health and safety, employment liability and environmental protection provisions)
  • defamation

We provide coverage advice to local, US and UK insurers, including Lloyd’s Syndicates.  We advise both primary and excess layer insurers and across global insurance programs.

Contact us to obtain further information on how our team can do the same for you.