Fred Hawke

Partner, Melbourne

+61 3 9286 6356
Fred Hawke

Victorian Government - Department of Treasury and Finance: provided detailed advice and recommendations in connection with:

  • Claims made insurance policies under the Insurance Contracts Act 1984 (Cth);
  • Proportionate Liability legislation and the risk allocation provisions of major project contracts;
  • Insurance provisions of Public Private Partnerships.

ANZ Banking Group: advises the client on various matters including captive insurance and reinsurance related matters, disputed claims, policy wording analysis and negotiation, and regulatory issues. Has conducted successful major reinsurance claim litigation on behalf of the Bank, resulting in a recovery in excess of A$114 million from local and overseas reinsurers.

National Australia Bank: has acted for and advised the client on professional indemnity claims, product development, lenders mortgage insurance and reinsurance matters.

Orica Group Ltd: advises and acts for the company and its Singapore captive insurer on captive insurance and reinsurance-related matters, product liability, ISR and marine claims, regulatory matters, political risk and alternative risk transfer. Has conducted successful Admiralty litigation on behalf of the insured against overseas marine charterers liability insurers, resulting in a substantial recovery. Has also carried out an extensive restructuring of the Group's insurance arrangements, by portfolio transfer under Division 3A of Part III of the Insurance Act, coupled with a complex novation of offshore reinsurance and retrocession contracts.

Commonwealth Bank of Australia: conducted specialised insurance product development and negotiation - Political Risk insurance-related matters.

Chartis Group: conducted specialised insurance policy wording reviews, Life and General insurance regulatory and compliance issues, Financial Lines (PI and D&O) drafting of policy wordings and related advices, Financial Services Reform matters, as well as Warranty and Indemnity (M&A) and Lenders Mortgage insurance product development.

Transurban Citylink litigation: advised and acted for one of the project professional indemnity insurers in litigation over issues involving the Burnley Tunnel.

Hydro-Electric Corporation of Tasmania: conducted specialised insurance reviews of a number of the Corporation's policies and has advised in connection with its insurance procurement and the insurance aspects of several of its major projects.

TRUenergy Ltd: advised and acted for the company in connection with a substantial material damage and business interruption claim under its ISR insurance, arising from the flooding of its open cut coal mine.

AIA Australia Limited: advises this major Australian life insurer in connection with regulatory, compliance and product development issues. Also advised and acted for it in the Australian aspects of the global restructuring of the AIA and related life insurance business, by AIG Inc.

Progressive Direct: acts for and advises a leading US specialist motor vehicle insurer, a recent entrant to the Australian market, in relation to regulatory, compliance and product-development matters.

Various clients: has conducted extensive policy reviews, advised and acted in insurance disputes in all major classes of general and life insurance over a 35-year career in insurance law, 20 of them spent in the industry as an insurance company Claims Manager and General Counsel. Since joining Clayton Utz, has also been extensively involved in negotiating, drafting and settling the insurance provisions of major infrastructure and development projects, and the terms of political risk insurance for offshore projects and operations.

During his time as an Insurance Claims Manager:

Ash Wednesday bushfire: was extensively involved in major insurance claim litigation and dispute resolution arising out of the bushfire losses.

Product Liability class actions: was extensively involved in resolving class actions involving breast implants, intra-uterine devices and other products.

Corporate collapses: was extensively involved in the negotiation and settlement of multiple large insurance and reinsurance claims arising from the collapse of companies, including:

  • Estate Mortgage
  • Spedley
  • Bond Corporation
  • Linter Group
  • Tricontinental
  • State Bank of S.A

Risk...is an intrinsic component of economic activity. In terms of management it is not unlike nuclear waste - you can bundle it, trundle it, store it, deplore it, shuffle it, muffle it and move it around but you can never eliminate it from the system
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