Nicole McConochie

Full Profile

Nicole has advised and acted for insurers in a number of significant and insurance coverage disputes, including class actions, first party property and subrogated recovery actions. 

Nicole has a particularly strong background in acting for large markets of insurers and is a known quantity in both the Australian and London markets for her strong skills in managing intraparty disputes. 

Nicole has also leveraged her unique D&O skills to manage very complex and high-profile defence and recoveries matters in both Australia and New Zealand. She also has experience with reinsurance claims and advice. 

Prior to settling in complex insurance, Nicole also gained experience with our corporate and regulatory teams and has experience with M&A and portfolio transfers for insurers. Prior to joining Clyde & Co in 2015, Nicole spent several years as a trainee at a leading insurance law firm.

Nicole speaks basic Spanish and Portuguese. 

Experience

• Coverage: Acting on behalf of insurers with respect to multiple D&O class action proceedings arising from the Royal Commission into Financial Services.
• Coverage: Acting on behalf of primary and excess insurers in respect of six interrelated. proceedings focused alleged breaches of director’s duties and solvency obligations of Australia’s largest iron ore producers.
• Coverage: Acting for insurers in respect of directors claims arising out of one of Australia’s largest Ponzi scheme collapses.
• Coverage: Providing coverage advice regarding commercial litigation disputes, specifically with reference to the Corporations Act.
• Coverage: Acting for insurers on contentious joinder applications brought by company liquidators.
• Defence: Acting for a bank in defence of three class actions in the Federal Court of Australia with a particular focus on the scope trustee’s duties to superannuation fund noteholders.
• Defence: Acting in respect of a protracted multiparty dispute arising misleading and deceptive conduct under the TPA/ACL.
• Defence: Acting in defence of directors in respect of breaches of fiduciary duties for trading whilst insolvent.
• Defence: Acting in defence of directors in respect of misleading and deceptive conduct/fiduciary duties claims.
• Recoveries: Acting for an insurer on a protracted recovery action against the New Zealand government arising out the 2011 Christchurch Earthquakes. 
• Recoveries: Acting for insurers relation to complex clawback claims arising out of multiparty disputes in the Cayman Islands and Hong Kong.
• Corporate and Regulatory: Acting on the merger and Federal Court approval of two of the largest global insurance companies.
• Corporate and Regulatory: Acting on intra-group portfolio transfer of an international insurer's book of business as part of a consolidation of the two Australian entities of the international group.