0422 375 818
Belinda Marshall has over 20 years’ experience as a commercial litigator and insurance lawyer advising and representing corporations and individuals.
Belinda conducts commercial and insurance litigation in all jurisdictions, in particular, the Supreme and District Courts of New South Wales, the Federal Court of Australia and also through the Financial Ombudsman Service. Belinda has a deep understanding of the commercial issues and challenges facing clients in the current environment which she brings to her legal work. She is also experienced in alternative dispute resolution and believes in exploring negotiation or mediation options with a view to resolving disputes early without the need if possible for time and cost consuming litigation.
Belinda graduated from the University of NSW in 1989 with a combined Bachelor of Arts and Laws and was admitted to practice as a lawyer in 1989. She is a member of the Law Society of NSW, the Australian Insurance Law Association and the Australian Professional Indemnity Group.
Belinda’s areas of expertise include:
• advising and acting in commercial litigation matters such as contract, loan and debt recovery, trade practices, professional negligence and insurance disputes;
• advising on insurance coverage issues, including policy interpretation, in particular on professional indemnity, directors’ and officers’, management liability, errors and omissions liability and financial institutions matters;
• acting for professionals including accountants and auditors, solicitors, barristers, directors and officers of corporations, mortgage and insurance brokers, real estate agents, valuers, stockbrokers, financial planners and other professionals involved in financial and advisory roles, architects, builders and engineers.
• advising on indemnity and other policy issues such as claims and notifications made by professionals and directors and officers including by way of example those arising out of the profit forecast class action against Leighton Holdings and the Banksia Securities, Hastie Group, Australian Capital Reserve, Westpoint, Allco, Storm Financial, Trio Capital and Equititrust collapses.
• acting for filmmakers in relation to a coverage dispute when their insurers refused indemnity for a claim and threatened to avoid the policy entirely putting in jeopardy the ability for the film to be broadcast. The dispute was settled favourably to the filmmakers and the film was then able to be broadcast and distributed in Australia and overseas going on to open a major local film festival and to win several major Australian and international awards.
• acting for a manufacturer and supplier of road safety barriers in relation to a contractual dispute with one of its governmental customers and providing advice on compliance issues.
• acting for the reinsurers of a captive insurer in their defence of proceedings in the Supreme Court of NSW brought by the insured shipbuilder in which it sought to challenge the rejection of its claim for indemnity and be indemnified in respect of its payments to settle a claim made against it arising out of the design and supply of naval vessels.
• acting for a finance broker in Federal Court proceedings arising out of the arrangement of finance for customers of a telecommunications provider in respect of the supply of telecommunications equipment and services (originally brought as a class (representative) action). In addition to a debt recovery aspect, causes of action included exclusive dealing, misleading and deceptive conduct and accessorial liability thereto and breaches of duty. The proceedings were settled at mediation as against the client broker on the basis of the broker’s complete extrication without any liability.
• the successful defence of an accounting firm in an action in the Supreme Court brought by the purchasers of a business. The allegations made included statutory claims of misleading and deceptive conduct and negligence.
• the successful defence by way of strike out of proceedings against a law firm in which it was alleged they held public office and were engaged in misfeasance in public office and abuse of process by reason that they acted for a government body.
• defending two non-executive directors of a large insurer which was placed in liquidation in proceedings brought against them and others by the liquidator regarding the acquisition of another insurance entity.
• professional negligence proceedings brought by a bank against a mortgage manager arising when borrowers/mortgagors defaulted on a loan arranged by the broker and sought to set aside the loan/mortgage on various statutory and other grounds involving their alleged position of disadvantage;
• acting for an insurance broker in its defence of professional negligence proceedings in the Supreme Court of NSW brought by a former client following the refusal by the client’s insurer of a claim and involving allegations that the broker had failed to properly advise and to follow the client’s instructions.
• acting for an architectural firm in its defence of professional negligence proceedings in the Supreme Court of NSW brought by the building owner who alleged the architect had over certified the builders’ progress claims, including variations, and undervalued defects and incomplete works in the final certificate.
• acting for an accounting firm in proceedings in the Supreme Court, Court of Appeal and then the High Court in which it succeeded involving allegations against it of misleading and deceptive conduct, negligence and breach of fiduciary duty.
• acting for a structural engineer in its defence of professional negligence proceedings in the District Court of NSW brought by a building contractor arising out of the alleged defective design of the glass entranceway to a CBD building.
• shareholder oppression suits, enforcement of securities matters, recovery proceedings by liquidators seeking to make recoveries from debtors, many and varied debt recovery matters.