Other Claims
The ICP team has over 60 years combined experience in successfully identifying, managing and funding legal claims.
We have worked in many areas of law, on projects that in combination have helped recover over $2 billion for affected people and businesses.
Click below to learn more about some of the practice areas and people groups we’ve personally assisted over the years.
Contact us if you believe you have a claim – we provide free advice so you can plan your next steps. We’re here to help.
Commercial Disputes
Commercial disputes are a statistical reality, affecting a significant proportion of the business community.
Looking at ASX listed companies alone, according to research conducted by the University of Melbourne, the leading cause of commercial disputes leading to litigation initiations is breach of contract.
In the 17 year period from 1993 to 2009, of the 314 proceedings commenced, 163 proceedings were commenced by other listed companies, government or foreign entity.
Corporate Insolvency
The liquidation of an insolvent company is often not as straight forward as simply selling assets and distributing funds to creditors and investors.
Identifying and unlocking the value of legal assets is critical to maximising the recovery for an insolvent company’s stakeholders. However, this typically not possible without specialist legal funding.
Our team has over 60 years combined experience in successfully managing and funding insolvency professionals’ claims. Here are some of the types of insolvency claims we can help with:
- Green Charges – where secured creditors may be required to disgorge repayments in reliance upon security taken shortly prior to insolvency events;
- Breach of director duties – these claims are against the director(s), subject to the nature of the breaches in question, sufficient director assets and/or director insurance cover;
- Debt recovery claims – when money is owed to the insolvent company by third parties or directors;
- Insolvent trading – claims against directors for amounts equal to the unpaid debt incurred by the company while trading insolvent;
- Uncommercial / Unreasonable transaction claims – companies have a responsibility to make reasonable, responsible commercial decisions. Claims of this nature may be pursued subject to applicable insurance cover / third party assets (as applicable);
- Unfair Preference claims – if certain creditors (e.g. director(s)) are given early payments greater than they would have otherwise received had the company been liquidated, a claim may be made for the difference. These claims are subject to those early payments being made within certain time periods prior to liquidation;
- Unfair loans – Under section 588FD of the Act, if interest or charges on a loan are considered extortionate (at origination or resulting from a variation of the loan terms), a claim may be made against the lender.
Insurance
Under most policies, insurers have the right to seek reimbursement of money they have paid to insured’s from third parties via subrogation clauses.
Generally speaking, insurers are the largest claimants in mass wrongs, such as bushfires or floods caused by negligence, electing to pursue their subrogation rights.
However, when it comes to smaller claims, not all insurers are active in pursuing their rights when cross-claims are required.
Insurers with subrogated rights claim or claim portfolios may benefit from ICP’s due diligence, management and/or funding services.
Outsourcing non-recourse finance to manage subrogated rights claim risk assists insurers seeking continual improvement in their loss ratios and efficiencies in claim management costs.
Contact us to learn more.
Negligence
Negligence can manifest on a mass scale, often causing significant harm to people and businesses.
Faulty product negligence in the medical industry can cripple. We saw this in the faulty hip and knee implants made by DePuy.
There are countless examples of company negligence causing mass harm and death. Our team played important roles in some of Australia’s largest negligence claims, including the Victorian Bushfires and Queensland Floods class actions.
Do contact us if there’s a significant matter of negligence with which you believe we can help.
Matters of Public Interest
Our team have been supporting people and organisations advocating in the public interest for over 15 years. It is personally important to us to positively contribute to the social change we want to see.
Our CEO John Walker is a current board member of the Public Interest Advocacy Centre. John also played a critical role in the formation of the Adverse Costs Order Guarantee Fund (which ICP supports), to ensure that plaintiffs commencing legal proceedings in the public interest would be protected from adverse costs orders.
Our COO Simon Weeks was a founding member of Maurice Blackburn’s Social Justice practice, assisting in the case selection and supervision of such matters as wrongful imprisonment, illegal deportation and the right to protest. He has also partnered with the Asylum Seekers Resource Centre in advocating for the legal rights of refugees in Australia and is a proud supporter of International Justice Mission.
Unfair Trade Practices
ICP team members helped bring Australia’s first successful cartel class actions, seeing the Amcor-Visy, Air Cargo and Rubber Chemicals’ class actions recover compensation for victims of price fixing and market rigging.
They helped place the spotlight on the conduct of investment banks and ratings agencies that created, rated and distributed derivatives (CDOs) which were a material cause of global financial dysfunction in 2008.
They brought national attention to the commission-driven culture and egregious misconduct of Don Nguyen and other members of the CBA’s financial planning services division, part of the teams that brought legal proceedings recovering losses for customers placed in high risk investments, exposed by the GFC and bringing about the Financial Services Royal Commission.
Whether business or personal, contact ICP if you believe a people group has suffered significant losses due to unfair trading practices.