The unique Australian litigation landscape has evolved into a potential minefield for Directors and Officers. With an increase in litigation funding leading to an explosion in the incidence of class action lawsuits, Directors and Officers need to ensure that their insurance arrangements will meet their needs.
A progressively more regulated corporate governance environment and the increasing incidence of class actions are raising the stakes for Directors and for Companies. In the case of individuals, the consequences can be severe as breaches of statutory regulations can lead to heavy fines and in some extreme situations, imprisonment. In many cases Directors accept a career-damaging ban simply because they can not afford the defense costs involved.