Management Liability

Why management liability matters for mid-market companies

Directors and officers of mid-market companies carry personal liability that many underestimate. Under Australian WHS legislation, company directors can be personally prosecuted for workplace safety failures — with penalties including imprisonment. Environmental legislation creates personal liability for contamination and rehabilitation failures. The Fair Work Act exposes directors to accessorial liability for employment breaches. And ASIC's increased enforcement activity means regulatory investigations are no longer reserved for large listed companies.

What risks we manage

Directors' and officers' liability — covering defence costs, damages and settlements arising from claims against directors and officers for wrongful acts in their capacity as company leaders. We ensure Side A (personal cover when the company can't indemnify), Side B (reimbursement when the company does indemnify) and Side C (entity cover for securities claims) are properly structured.

Employment practices liability — covering claims from employees and former employees including unfair dismissal, discrimination, harassment, workplace bullying and adverse action.

Statutory liability — covering fines, penalties, defence costs and investigation expenses arising from alleged breaches of WHS, environmental, fair work and other statutory obligations.

Crime and fidelity — covering financial losses from employee dishonesty, forgery, computer crime and social engineering fraud.

Structuring for your sector

A construction company managing director carrying personal WHS liability across multiple active sites has different exposure to a healthcare group director managing clinical governance obligations. We tailor the program structure, limits and extensions to the specific regulatory environment your directors operate in.

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