Hannes Marais

Full Profile

Hannes has extensive experience in insurance and commercial litigation as defence counsel in the construction, engineering and financial lines (including D&O) space.

Hannes further provides coverage advice to local and global insurers and re-insurers predominantly on Professional Indemnity (construction, engineering, financial lines as well as lawyers), D&O/Management Liability (including EPL) and W&I (buyer side).

Additionally, Hannes prosecutes subrogated recoveries on behalf insurers in the engineering, construction and financial lines spaces.

Prior to joining Clyde & Co, Hannes worked for top-tier global legal practices in Australia and South Africa, and he has acted in proceedings across several jurisdictions in Sub-Sahara Africa and Australia. He brings a practical approach to resolving disputes and issues.

Experience

Construction and Engineering

• Acting in defence of a AUD21m cladding claim made against a building surveyor and certifier in relation to the installation of combustible cladding (aluminium composite panels).
• Acting for global insurers in defence of a AUD25 million claim against a structural engineering consultant regarding excessive slab deflections on several floors of two high-rise residential towers. The complex nature of the claim required contributions from experts in several different fields involving finite element assessments.
• Acting for insurers in defence of a AUD13 million claim against a structural engineering consultant regarding the design and performance of the mechanical services of a multi-storey hotel operated under a prominent global franchise.
• Advising insurers on coverage and acting as defence counsel for a civil engineering consultant regarding a AUD8 million claim resulting from a landslide during the development of an estate that damaged several properties.  

Financial Lines & D&O

• Advising on coverage for a claim made under a D&O policy relating to the dishonest conduct of an erstwhile director.
• Advising insurers on coverage and assisting on settlement negotiations between insurers and the insured. The claim, exceeding AUD10 million, related to an investment brokerage firm based in London with operations in Bermuda and Chicago, relevantly providing services to clients based in Turkey and Montenegro and involved considerations of money laundering.
• Acting for insurers in defence of a multi-million dollar claim against an investment and asset management consultant. The claim involved allegations of misrepresentations about the financial position of a shopping centre during its sale.
• Acting for D&O insurers in defence of a claim against several directors and officers of an insured property investor and fund manager regarding allegations of fraud and mismanagement.
• Acting for insurers in defence of claims against chartered accountants relating to complaints lodged with the regulatory body based on allegations of negligence, dishonest conduct and breach of the relevant auditing codes.

• Advising insurers on coverage for claims notified under a W&I (buyer side) policies. The claims concern breaches by the vendor of several warranties it gave during the sale of the relevant business resulting in the diminution of the value of the business and subsequent financial loss to the insured.

Subrogated Recoveries

• Acting as recovery counsel for insurers on a subrogated recovery action claiming AUD13 million from a piling contractor for damages caused by its negligent design of certain piles underpinning a multi-storey building.
• Acting for insurers on a subrogated recovery action against a geotechnical engineering consultant for large scale damage caused by its negligent design.