Kaveetha Kumar

Kaveetha specialises in financial lines insurance, in particular she has advised and managed the defence of claims against directors and officers, representation of institutions in preparing for and responding to enquiries by Royal Commissions, professional indemnity matters, including the defence of claims against financial advisers, accountants, tax agents, real estate agents, property managers, builders, architects, builders, surveyors and solicitors, and policy interpretation including the number of claims and defended claims directly against insurers.

Kaveetha has worked on numerous and complex claims against directors and offices involving the defence of allegations of under the Corporations Act, Superannuation Industry (Supervision) Act, Competition and Consumer Act 2010, Income Tax Assessment Acts and alleged breach of franchise agreements.

She worked intensively on the response over three years by a major not for profit institution to enquiries by the Royal Commission into Institutional Responses to Child Sexual Abuse. Following two case studies, the Royal Commission acknowledged the extensive organisation wide changes made by the institution towards child safety.

She has provided advice on indemnity issues arising out of professional indemnity insurance policies, D&O policies and on dual insurance issues. She advised on the number of claims under insurance policies by individual claimants and large groups of claimants making similar claims, challenges to limits of indemnity and policy interpretation.

Kaveetha represented professionals and directors in hearings by liquidators and examinations by ASIC. She has managed the successful defence of applications to join professionals to proceedings. This includes matters in the Federal Court, Supreme Court and District Courts.

Experience

Kaveetha’s recent experience includes:

  • Representing directors, accountants and financial advisers in defending alleged failures to advise on payments to be made of withheld PAYG, responses to penalty notices issued by the Australian Taxation Office, failures to lodge tax returns on time, potential insolvency and miscalculation of small business entitlements;
  • Advising on claims of fraud by directors and offices and investigation of fraudulent acts by officers and employees;
  • Representing tax agents with respect to allegations regarding negligent tax advice relating to grants for research and development;
  • Acting for numerous real estate agents in defending claims for alleged misrepresentations in advertising properties for sale;
  • Acting for property managers in defence of claims for alleged failure to identify and repair major building defects; and
  • Advised on the insurability of fines and penalties.

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