Dispute Resolution.
When cyber incidents, data breaches and technology failures give rise to disputes, you need a lawyer who understands the technical context as well as the legal one. That is a rare combination. It is what we bring.
OVERVIEW
Disputes arising from cyber events and technology failures are among the most complex in Australian litigation.
They frequently involve multiple parties — businesses, managed service providers, insurers, technology vendors — across overlapping areas of law: contract, negligence, professional liability, consumer law and insurance. They also require a lawyer who can engage credibly with the technical facts underlying the claim, not just the legal framework around them.
Simone Herbert-Lowe is a recognised expert in professional liability in Australia. She has given written expert opinion in Supreme Court proceedings involving payment fraud where the amounts in dispute were in the tens of millions of dollars, and has successfully resolved disputes on behalf of clients against managed service providers, insurers and professional advisers whose negligence contributed to a cyber loss. That track record matters — it means you are engaging a lawyer who understands not just the legal arguments, but the forensic and technical context that determines whether they succeed.
What we handle.
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We advise on and represent clients in disputes with insurers arising from cyber incidents — including coverage disputes, policy interpretation questions and claims that have been declined or underpaid.
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We have successfully brought and defended professional negligence claims arising from cyber events — including claims against lawyers and real estate agents whose negligence exposed clients to payment fraud and data loss.
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When an MSP's failure contributes to a cyber incident, they may be legally liable for the losses that follow. We advise on the strength of those claims and represent clients in pursuing them — including through negotiation, mediation and litigation.
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We advise on and represent clients in disputes arising from technology and services agreements — including breach of contract claims, disputes over SLAs and liability for losses arising from vendor failures.
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Cyber incidents and data breaches can give rise to claims under the Australian Consumer Law, including misleading conduct and statutory guarantees. We advise on both prosecuting and defending such claims.
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We advise organisations facing class action exposure or regulatory investigation following a data breach — helping them understand their position and navigate the process strategically.
Our track record.
We have successfully and cost-effectively resolved disputes on behalf of clients — including insurance settlements, negotiated resolutions with service providers and defended claims brought by affected individuals. Our approach is commercially focused: we assess the strength of your position honestly, advise on the most effective path to resolution and avoid litigation where better options exist.