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Jessica Tsiakis

Senior Associate - Melbourne

Areas of Expertise

Dispute Resolution & Litigation

Expertise

Jessica is a Senior Associate in the Melbourne Dispute Resolution & Litigation team.

Jessica has acted for large corporations in multi-party disputes and for smaller companies, businesses and individuals. Jessica brings a wealth of legal experience gained from working in private practice at a top tier National Law firm; international experience working as a lawyer in a London based litigation firm; and in-house as a lawyer for a global insurer and private investment company.

Experience

Jessica is experienced in the following areas:

Contractual disputes

  • 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 a product supply agreement for the use and purchase of technology and intellectual property for a type of stretcher bed used for patient transportation
  • 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.

Corporations Act

  • acting for government regulators in investigations under the Corporations Act and ASIC Act, involving advising on complex multi-party contractual arrangements
  • 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.

Insurance litigation and insurance advice

  • acceptance of indemnity by insurers under insurance 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.

Professional negligence

  • handling all aspects of professional negligence disputes with particular focus on medical professionals and financial advisers.

General commercial litigation

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.

Publications

03 June 2020 - Knowledge

COVID-19 and business interruption insurance: Can an outdated exclusion clause still exclude?

#Dispute Resolution & Litigation, #COVID-19

As businesses continue to experience financial pressure from unprecedented COVID-19 forced closures and restricted trading, many businesses naturally look to their business interruption insurance policies for relief.

04 May 2020 - Knowledge

Resolving financial lines insurance disputes in uncertain times: Is the Federal Court’s “short matters” insurance list the answer?

#Dispute Resolution & Litigation, #COVID-19

We take a close look at the benefits of the insurance list in the Federal Court as a quick and clear means for the business world to resolve insurance issues and explain how it works and how it could be used.

16 April 2020 - Knowledge

COVID-19: Directors and Officers insurance after the dust settles

#Dispute Resolution & Litigation, #COVID-19

Directors and Officers insurance policies provide protection for company board members, executives and managers from claims arising from their decisions and actions within the scope of their regular duties.