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Nicole Batista

Senior Associate

Sydney

+61 2 8651 4775

Nicole is a commercial lawyer with a focus on commercial insurance, and is dual qualified in South Africa and Australia. She is routinely instructed to advise on complex coverage issues, act as defence counsel in claims against professionals, directors & officers (D&Os), and financial institutions. Since moving to Australia, Nicole has gained significant expertise in the class action space where she has worked on a number of high-profile class action proceedings.

EXPERIENCE & EXPERTISE

Nicole began her legal career working in the Corporate & Commercial team at Webber Wentzel Linklaters in Johannesburg, South Africa. In 2018, she moved to Australia where her focus shifted to commercial insurance spanning all areas of financial lines insurance including financial institutions, directors’ and officers’ liability and professional indemnity.

Nicole has considerable experience in advising on complex and high-value coverage issues particularly in relation to financial institutions, corporate misconduct and shareholder disputes. She has advised insurers in relation to numerous class actions and regulatory proceedings in the financial sector.

Nicole also has experience in defending various insured professionals such as accountants, auditors, financial advisors, lawyers and construction professionals including builders, architects and building certifiers in litigated claims. Nicole has acted in matters before the Federal and State Courts and the Australian Financial Complaints Authority (AFCA). 

Nicole  completed a secondment at a global insurance brokerage and risk management services firm where she worked in the commercial disputes and litigation team. She gained valuable experience defending the brokerage against claims and investigations brought across several jurisdictions. Recently, Nicole has been seconded to an international underwriting agency where she is assisting the national claims team in managing an extensive portfolio across financial lines, professional indemnity, and general liability.  

Nicole is driven, focused and detail orientated, which has shaped the way she approaches every aspect of her matters. Nicole has a diverse range of experience across the commercial sector, and this has assisted her in adapting and thriving in any working environment.

ACCOMPLISHMENTS

Nicole’s experience includes:
  • Represented Alucobond’s supplier (HVG) in the Alucobond Combustible Cladding Class Action
  • Acted for Siemens Australia Limited in relation to a $100 million property damage and business interruption claim
  • Acting for several insurers in relation to claims arising from the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry and the Royal Commission into Aged Care and Disability Care
  • Acting as coverage counsel for insurers in the Supreme Court proceedings commenced against the insured, Gold Coast City Council, regarding the question as to whether the conduct of the Council gave rise to an infrastructure agreement pursuant to the Sustainable Planning Act - Sunland Group Limited & Anor v Gold Coast City Council [2019] QPEC 14
  • Successfully assisted in defending an ASX listed company in relation to allegations of misleading and deceptive conduct regarding highly leveraged and high-risk trading in foreign exchange which amounted to losses of €4 million
  • Acting on behalf of Insurance Council of Australia (ICA) in respect of the Business Interruption Combined Test Case which was endorsed by the ICA and AFCA
  • Acting as coverage counsel in respect of a range of disputes including high value securities class action claims against ASX listed companies and / or their directors, officers and professional advisors following share price drops or corporate collapses.

EXPERTISE

QUALIFICATIONS

  • Bachelor of Laws, 2015, University of Witwatersrand
  • Bachelor of Arts, 2013, University of Witwatersrand
  • Diploma of Law, 2019, University of Sydney
  • Admitted to practice in New South Wales and South Africa

MEMBERSHIPS

  • Australian Professional Indemnity Group
  • Law Society of NSW
  • Young Insurance Professionals
  • Women in Insurance NSW