Max Cash

Max Cash

Max specialises in dispute resolution and litigation in relation to insurance and reinsurance. Max advises on policy response, coverage disputes and aggregation issues, including in relation to professional indemnity insurance, industrial special risks, contract works cover, catastrophe cover, fidelity cover, and product liability cover. Max has also advised and acted in relation to several Special/Royal Commissions of Inquiry, and assisted during associated WorkCover Investigations-.

Max is one of the firm’s most experienced Legal Project Management (LPM) trainers. LPM is our systematic and standardised approach for scoping, planning and managing legal work within an agreed time and budget. He also has information recovery and management expertise and knowledge of the leading technology tools. Max has acted on numerous voluminous, time critical document collections and recoveries for large litigation discoveries, inquiries and ATO requests. He has used sophisticated electronic tools to collect, manage and analyse client and opponent information and evidence.

Recent Matters

  • Advising and acting for a wide range of professionals (including solicitors, insurance brokers, stockbrokers, engineers and accountants) and their insurers in professional negligence disputes (and coverage disputes)
  • Advising reinsurers in relation to a significant professional indemnity claim resulting for a contract for the supply of military vessels
  • Advising a power generation company in relation to ISR policy coverage following major ground movement following heavy rainfall
  • Advising a power generation company in relation to a property damage claim (on an ISR policy) following a major opencast mine fire
  • Advising a port authority in relation to ISR policy response following the spill of a hazardous substance
  • Advising a global resource company in relation to an ongoing dispute with its ISR insurers concerning the inundation of an underground coal mine
  • Advising a major construction company on its Contract Works claim following rain damage to a major project
  • Advising a global reinsurer in relation to aggregation issues arising from storms in Queensland
  • Advising the insurer of the Victorian Councils in relation to insurance and reinsurance issues arising from:
    • the Royal Commission of Inquiry in relation to the Black Saturday Bushfires
    • an insurance claim by a Victorian Council in relation to a class action arising from a methane leak from a landfill effecting a neighbouring residential estate
    • an insurance claim by a Victorian Council following its alleged failure to properly supervise site demolition/clearance work undertaken by a contractor resulting in contamination of the site
  • Advising a major engineering company in relation to a professional indemnity insurance claim arising from the alleged defective supply of rail cars
  • Advising a major engineering company in relation to a professional indemnity insurance claim resulting from a claim in relation to a tunnel construction contract
  • Advising a bank in relation to a claim pursuant to its Financial Institutions Bond Insurance Policy (Fidelity Policy) following unauthorised drawings from an account
  • Advising a food manufacturer in relation to a claim(s) for indemnity on it Product Safety & Recall Insurance Policy following a product recall of its own brand products and products manufactured for a major supermarket chain
  • Acting for companies and their insurers in relation to product liability claims, including on asbestos claims commenced in the Dust Diseases Tribunal of New South Wales
  • Advising the insurers of a UK boiler manufacturer and its UK based insurers, who used asbestos products as an insulator, and supplied boilers to NSW electricity companies, in relation to over 120 cross-claims in the Dust Diseases Tribunal (NSW) by the electricity companies seeking to recover compensation paid to the sufferers of asbestos related diseases
  • Advising on Special/Royal Commissions of Inquiry, including the Special Commission of Inquiry into the rail accident at Waterfall, the Victorian Bushfires Royal Commission and the NSW Special Commission of Inquiry into the Electricity Transactions.

Memberships

  • Law Society of NSW
  • Australian Professional Indemnity Group
  • Anglo-Australasian Lawyers Society
  • Reinsurance Discussion Group.

Experience

  • July 2014 - present: Special Counsel, King & Wood Mallesons Sydney
  • 2004-2014: Senior Associate, Mallesons Stephen Jaques, Sydney
  • 2003-2004: Solicitor, Mallesons Stephen Jaques, Sydney
  • 2001-2003: Solicitor, Eversheds, London
  • 1999-2001: Trainee Solicitor, Eversheds, London
  • 2005: Admitted as a solicitor in New South Wales
  • 2001: Admitted as a solicitor in England and Wales
  • 1998: Robert Schuman Scholarship to the European Parliament, Luxembourg
  • 1998: Graduate Diploma in Legal Practice, College of Law, Guildford
  • 1996: Law Department Dissertation Prize, City University, London
  • 1996: Bachelor of Laws (Hons), City University, London.

Location

Legal insights

In December 2012 we reported on recent cases concerning section 57 of the Insurance Contracts Act 1984 (Cth) (ICA). In particular, we considered the question, "How long is 'reasonable' for an insurer...

01 January 2013

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