Maxine Tills

Full Profile

Maxine has considerable expertise in commercial and insurance-related litigated matters having practised exclusively in these areas for over 20 years. She represents national and international professional indemnity and directors and officers liability insurers.  She also advises a range of insureds including construction professionals and financial institutions.

Maxine regularly defends claims against professionals including accountants, valuers, IT professionals, solicitors and engineers, particularly structural and geotechnical engineers. Her experience in the defence of construction professionals extends to D&C contractors in multimillion dollar, multi-party litigation in the Supreme Courts of Queensland, New South Wales and Victoria. 

She has advised on policy response and defended numerous claims against Australian Financial Services (AFS) licensees and their authorised representatives, financial institutions and financial advisers ranging from multi-million dollar Supreme Court litigation to unrepresented claimants with minor claims.

Maxine advises directors and officers liability insurers on coverage and on insurer's instructions has represented directors and officers in commercial litigation and in a commission of inquiry into the racing industry in Queensland.

Maxine is known for her 'hands on' approach and for being actively involved in the strategic conduct of all claims.  She is experienced in conducting complex litigation in the Supreme Court of Queensland and the Federal Court of Australia.

She is recognised in The Best Lawyers in Australia 2021 for insurance law and is listed as a leading Queensland Professional Indemnity lawyer by Doyle's Guide 2021.

Experience

• Directors & Officers: Defending a claim against directors of a mining exploration company in Western Australia for misleading and deceptive conduct in the conduct of negotiations for sale of the company to a multi-national mining company. The claim against the directors was ultimately discontinued.
• Directors & Officers: Acting for the D&O insurer and the CFO of a racing body potentially required to give evidence before the Commission of Inquiry into the Racing Industry in Queensland.
• Construction Professional Indemnity: Defending claims against a structural engineer in relation to claims by the head contractor in relation to defective design of a transfer slab and cantilevered balcony slabs.  Claims are under an indemnity in the consultancy agreement and involve rectification costs as well as damages for delay costs and liquidated damages imposed by the principal on the head contractor.
• Construction Professional Indemnity: Defending a hydraulic engineering firm in Supreme Court proceedings commenced by a developer against the engineer and the building certifier.  The matter relates to the fire design in the building and delay to QFRS approval and completion.
• Construction Professional Indemnity: Defending a claim against valuers in Western Australia by a Queensland based financial institution in relation to a valuation of englobo rural land for development.  The claim was for AUD 15 million.
• Construction Professional Indemnity: Advising on coverage in relation to a claim against a head contractor under the mitigation and rectification extension of a D&C professional indemnity policy.  The claim involved defective glazing at a nursing home.  Indemnity was declined on the basis the activities of the glazing subcontractor which caused the loss did not fall within the definition of Professional Services. 
• General Professional Indemnity: Acting as coverage counsel in respect of a claim against an Australian and New Zealand accounting firm arising from errors in the tax treatment and returning of various transactions between related entities.
• Financial Institutions: Advising and managing errors made by a superannuation fund administrator and subsequent claims by a superannuation fund trustee.  The errors related to cash flow process calculation errors and lapsing cover of members' life and income protection insurance.  The claims were settled with the input of forensic accounting evidence.
• Financial Institutions: Defending and managing litigated, Financial Ombudsman Service (FOS) and non-litigated claims against AFS Licensee including over 60 claims against one authorised representative arising from the GFC.
• Financial Institutions: Advising the excess PI insurer of a bank regarding fraud allegations against employees and allegations of unconscionable conduct by the bank in the provision of loans.
• Financial Institutions: Acting for a Responsible Entity of a structured property fund in relation to allegations that it breached its duty to unit holders by failing to protect fund assets, realising assets at an undervalue and making risky investment decisions.  The claim was withdrawn with no payment made to the claimants.