For directors and officers

Overview

When a company faces litigation, an investigation or an inquiry, its directors and officers can need separate representation to protect their individual positions and interests. The firm acting for the company often cannot also act for its people, and separate counsel must be found, usually on the recommendation of the company’s own lawyers.

We understand what the role requires. Separate representation is an exercise in judgment as much as law: protecting the individual’s position rigorously, while working constructively with the company’s lawyers and avoiding unnecessary conflict. Boards and referring firms need to know that separate counsel will be safe hands. That is the reputation we hold ourselves to.

As a specialist firm with no institutional client base, we can be briefed without risk to the referring firm’s client relationship. Representation of this kind is typically funded under directors’ and officers’ insurance, and we are experienced in working within policy terms and with insurers and brokers.

Work highlights

  • ASIC’s case dismissed. Andrew Tragardh, then at the Victorian Bar, acted in the separate defence of a senior AWB executive pursued personally by ASIC over the UN Oil-for-Food Programme. The Supreme Court dismissed ASIC’s claim.