- Coverage: Acted for an insurer in the Insurance List of the Federal Court of Australia. The matter concerned a claim for indemnity by a national construction company, in respect of its contribution to a settlement of a $40m claim by a mining company, arising out of a collapse of a coal dump station on two separate occasions. Nathan succeeded at mediation in significantly reducing quantum claimed by emphasising prejudice caused to the insurer in various respects (including in relation to late notification and unauthorised settlement) and raising arguments regarding the underlying liability of the insured. Further, on the basis of complex dual insurance arguments and analysis of policy responses to the two separate incidents, he succeeded in his insurer contributing a lower proportion of the total quantum paid than the other insurer.
- Professional indemnity: Acted for a software company in defending a copyright infringement claim. On the basis of strong expert and lay evidence served ahead of time and a security for costs order in his client’s favour, Nathan succeeded at the mediation not only in having the proceedings dismissed but having the other parties pay his client’s costs of $100,000.
- Defamation: Acted for high school in defending claim by school principal in relation to emails by school staff defaming her. Settlement was achieved on favourable terms, in reliance on defences of justification and qualified privilege. Regularly issues and responds to Concerns Notices issued under Australian defamation legislation, including dealing with Google and other technology companies to have online defamatory content removed.
- Inquests and inquiries: Acted for the CEO of a security camera company accused of corrupt conduct involving a contract with the Art Gallery of NSW in an ICAC investigation, a former RSL NSW president accused of corrupt conduct in an inquest under the Charities Act 2013 and numerous insureds in coronial inquests.
- Directors and officers/class actions: Represented insurers in two class actions involving directors’ and officers’ liability for allegedly misleading product disclosure statements in agribusiness managed investment schemes, acted for directors of a private company in respect of a minority shareholder oppression action. Nathan also regularly acts as monitoring and coverage counsel for class actions.
- Liability: Acted for a State Owned Corporation in a matter concerning a bush fire which allegedly caused property and personal injury damage in excess of $3M. Nathan succeeded in having the Plaintiffs join two other parties and driving the matter towards mediation once they had been joined, strategically utilising the proportionate liability regime in New South Wales and achieving better than expected results on quantum and apportionment at mediation, by leading coordination of a joint position of the Defendants on quantum and framing the liability issues favourably in the pleadings and preceding coronial inquest.
Nathan Buck is a Special Counsel in our Sydney office. Nathan was admitted to the Supreme Court of NSW in 2006.
Nathan represents insurers across all lines of business and has significant experience in both coverage and defence work. Nathan’s practice focusses on defamation, professional indemnity, directors’ and officers’ liability, inquiries and inquests, strata disputes and migration agents indemnity.