Jessica Tsiakis

• advising on the merits of denial or acceptance of indemnity by insurers under commercial  insurance policies, both within Australia and under global policies
• advising on the operation and application of terms of insurance contracts
• advising on COVID-19 type exclusion clause in business interruption policies of insurance
• expertise in the assessment, management and settlement of large complex claims under the following lines of insurance:
• directors’ and officers’ liability insurance
• professional indemnity
• management liability
• employment practices liability
• commercial crime.
• advising on COVID-19 type exclusion clause in business interruption policies of insurance.

• advising clients on complex contractual disputes
• advising and representing a company in a litigated dispute over organic farming technology and the application and interpretation of intellectual property licences and broader contractual relationships and joint ventures between multiple parties and jurisdictions
• drafting and negotiating terms of  product supply and licensing agreements for the use and purchase of technology and intellectual property
• advising a SAP consulting and solutions company in a dispute over terms in a master service agreement governing the contractual relationship, involving multiple complicated work streams and including disputed change request processes for delay.

• defence of white collar crime prosecutions
• advising and acting for local and overseas clients where property, assets and bank accounts have been restrained by the Commissioner for the Australia Federal Police under the Proceeds of Crimes Act
• advising and acting for companies, directors and shareholders in claims of suspected misappropriation of funds.

• acting for and against directors for breach of director duties
• misleading and deceptive conduct
• breach of shareholder agreements
• oppression proceedings.

• acting for government regulators in investigations under the Corporations Act and ASIC Act
• advising companies, including the board and individual directors and officers, in connection with their general duties and obligations imposed upon them by the Corporations Act
• advising companies with internal investigations into possible fraud by directors, officers and/or employees including strategies for recovery which often includes preparing briefs of evidence supporting the alleged contraventions of relevant legislation. In more serious cases informing and working with the relevant authorities such as AFP and ASIC
• assisting companies and directors and officers to comply with ASIC Notice obligations under the ASIC Act. This includes assisting with the interpretation of the scope of the obligation to produce books under sections 30 and 33 and assisting examinees in the preparation for and attendance at section 19 private examinations. 

Jessica seeks to achieve a commercial resolution for clients, resorting to litigation only after alternative modes of dispute resolution such as negotiation and mediation are exhausted. However, Jessica is very experienced in pursuing client claims in formal litigation in the County, Supreme and Federal Courts should the need arise.