Claire MacMillan

Claire is an experienced commercial litigation and insurance lawyer.

She has acted in a range of complex commercial disputes including in class actions. She is experienced in areas including property, building and construction, consumer law, contract, defamation and product liability litigation. She regularly defends professional negligence claims against auditors, accountants, financial advisers, brokers, engineers, architects, real estate professionals and valuers. Claire has appeared across jurisdictions and is experienced in negotiations, mediations and trials. Claire also represents clients involved in inquiries and regulatory proceedings.

Claire provides coverage advice to local and Lloyd’s of London insurers concerning professional indemnity, management liability, D&O and property damage claims.

Claire is the President of the WA Chapter of the Australian Professional Indemnity Group.

Experience

Claire’s experience includes:

  • Engineers: Defending claims against civil, structural, mechanical and hydraulic engineers concerning alleged defective design, certification of works and maintenance services;
  • Accountants, auditors: Defending negligence claims against accountants (concerning taxation, finance and accounting advice) and auditors (in relation to allegedly negligent audit work);
  • Mining & resources: Advising on complex property damage claims concerning processing facilities, equipment and infrastructure including rail and port facilities;
  • Regulatory investigations and prosecutions: Acting for individuals required to give evidence or produce documents during ASIC and Independent Commission Against Corruption investigations, and defending criminal charges as a consequence of those investigations;
  • ASIC dispute resolution: Defending complaints made to Australian Financial Complaints Authority against brokers and financial advisers;
  • Class actions: Acting in class actions concerning alleged bank misconduct and investment advice; and
  • Consumer law: Advising on product liability claims, product recall requirements, breach of trademark and acting for global FMCG company in proceedings concerning allegedly misleading or deceptive advertising seeking permanent injunctive relief.

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