The risk profile for liability & litigation against directors, officers and in-house counsel is rapidly changing. Stay on top of the latest flurry of disqualifications, bans and charges from ASIC & potential risks in cases of financial distress. Consider increasingly significant ESG risks. Examine direct personal liability for directors and the emerging cyber security liabilities. Attend this seminar to gain the management tools to mitigate risk and avoid litigation.

Presenters

Andrew Pavuk, Executive Principal, Pavuk Legal
Andrew Pavuk is the Executive Principal of Pavuk Legal. Andrew specializes in Corporate and Financial Services Law including Business and Practice Succession, as well as Financial Services including Superannuation, Funds Management and Financial Products for over 20 years. Andrew has acted for a range of corporate clients includes SMES's family businesses and professional practices in respect to Business and Practice Succession. In respect to Financial Services, Andrew has acted on many large transactions on such diverse matters such as the drafting of the Life and Superannuation Acts on behalf of the World Bank for the Government of PNG, ING Business Life Insurance Product and the AMP Estate Planning Project. Andrew regularly presents to clients and industry associations on topical issues relating to Financial Products and Distribution, Tax and Revenue. Andrew's clients include private clients, small and large businesses, financial intermediaries, accountants, superannuation trustees and financial institutions. Andrew has also written the book Nobody Else's Business outlining strategies used by successful Business Owners to keep, sell or close their businesses for a profit.


Michael Brereton, Director - Restructuring & Insolvency, William Buck
Michael is a leading corporate restructuring advisor and insolvency practitioner with over 20 years’ experience assisting companies that are underperforming, facing financial distress or in need of financial restructure. He is passionate about the profession, and currently serves on the ARITA (Australian Restructuring Insolvency & Turnaround Association) National Board of Directors as President, is a member of the Executive Committee, former chair of the Finance Committee and is immediate past Chairperson of the NSW and ACT Committee of ARITA. He has significant experience as a registered liquidator in various roles including acting in the capacity as receiver and manager, administrator, deed administrator, liquidator, creditors trustee, and statutory trustee. He has also conducted numerous confidential consulting and lender advisor engagements and solvency reviews. Michael is a passionate sports lover both on the field and in the armchair. When he is not on the tennis court you’ll find him on the sidelines of a hockey or soccer field cheering on his three children.


Katie Higgins, Partner, Jones Day
Katie Higgins is a partner at international firm Jones Day and has over 20 years’ experience advising companies, financiers, insolvency practitioners, investors, and directors on restructuring and insolvency matters. She also advises companies and financiers on a wide variety of debt and structured capital markets transactions. Katie is consistently recognized as a leading insolvency, restructuring, and finance lawyer by legal directories. Katie specializes in advising on cross-border, complex restructuring transactions. Her recent mandates include advising the largest single US-based creditor in the Virgin Australia administration; a large medical imaging diagnostics company in the restructuring of a A$260m facility provided by HK financier Dignari Capital; the administrators of Topshop/Topman, Payless Shoes, and American Apparel; the Insurance Commission of Western Australia in the $1.8 billion settlement of the Bell Group liquidation proceedings; Electricite de France in relation to the Paladin Energy administration; Peabody Energy Corporation in the Australian aspects of its U.S. chapter 11 filing and financing associated with its emergence from chapter 11; and a key shipper and owner of WICET (Wiggins Island Coal Export Terminal) in the 2018 restructure of WICET's senior debt facilities. Katie's recent transactions also involve a number of debt financing matters, including acting for: Hornblower Group in the financing of its acquisition of Australia's leading experiential travel group, Journey Beyond; Global Resources in acquisition financing provided in connection with its $700m acquisition of Curragh mine and the 2021 refinancing of its facilities with US$350m high yield bonds and US$100m asset-backed loan; and Peabody in its US$250m receivables finance facility with PNC Bank.


Julie Hamilton, National Directors & Officers Liability Practice Leader, AON
Julie has nearly 40 years’ experience in the development, broking and underwriting of professional risks insurance programs. Initially spending 6 years in professional risks underwriting, she moved into broking in 1990 taking on a senior technical Directors & Officers Liability (“D&O”) insurance role. Julie’s length of service, dedicated predominately to D&O insurance, has enabled her to develop a depth of expertise which dates this class of insurance to it’s infancy in the Australian market. Her skills in program design and placement are well recognised in the market. During her career, she has been involved the design, negotiation and placement of some of the largest and /or most complex D&O programs placed for Australian customers. Julie has significant experience in the negotiation of tailored policy wordings and the development of superior client solutions and she is often asked to provide pre-release feedback on Insurer’s new policy releases. Julie has experience in presenting to ASX200 Boards and C-suites in relation to their D&O insurance arrangements, insurance market conditions and emerging risks.


Reece Corbett-Wilkins, Partner, Clyde & Co
Reece is a Partner at Clyde & Co and is leading member of Clyde & Co's cyber incident response team. He has experience acting in a range of local, regional, and global incidents affecting government agencies and private sector organisations of all sizes, operating across all industry sectors. Acting as 'breach coach', Reece is well regarded for his ability to advise boards and other senior members in the executive, legal, IT, risk management and public relations functions to navigate their strategic response to Australia’s complex cyber landscape. He also routinely advises on incident preparedness and resilience strategies to address cyber risk head on, prior to an incident occurring, as well as post-incident third party IT liability claims, consumer claims, regulatory investigations and recovery actions.