+612 9696 0227

Litigation Insurance

Australia's leading provider of After The Event Insurance

After The Event Insurance:

  • Provides protection against adverse costs incurred in a commercial dispute
  • Enables litigation to be pursued with confidence and security
  • Protects Insolvency Practitioners against personal liabilities
  • Court appearance and court filing fees
  • "De-risks" transactional exposures

Why arrange After The Event Insurance?

After The Event Insurance is primarily utilised by plaintiffs, often on the recommendation of their legal advisors, Insolvency Practitioners and Litigation Funders. The product can add value in transactional risks by "de-risking" liabilities associated with, for example, mergers and acquisitions.

Key Benefits

The opportunity to pursue legitimate rights After The Event Insurance enables claimants to pursue damages with confidence knowing that they will be protected against adverse costs up to the policy limit. In particular, smaller enterprises are empowered to contest larger and stronger defendants that may have access to significant resources.
Balance sheet protection After The Event Insurance can serve to expunge contingent liabilities held on the balance sheet to address prospective adverse costs liabilities.
Flexible premium structures Premium payment formulae can be negotiated to meet the specific requirements of the claimant.
Legal Practices
Competitive advantage After The Event Insurance provides a competitive advantage for the Practice, and is a valuable tool in the generation of new business opportunities. It can be addressed with clients or with prospects in advance or after a commercial dispute has arisen. In all scenarios, JustKapital Litigation Insurance seeks to ensure that the Practice maintains a close involvement with submissions put to Insurers, and remains involved throughout the process.
Insolvency Practitioners
Protect personal liabilities After The Event Insurance is attractive to Insolvency Practitioners as it can protect personal liabilities that may arise in the event of an unsuccessful pursuit of third parties, such as directors and officers of a failed enterprise.
Litigation Funders
Reduce exposure After The Event Insurance reduces the Funder’s exposure and protects the funded party, including a class in a representative action, where there is an adverse outcome.
Mergers and acquisitions
Enhance the suite of transactional risk insurances The experience of JustKapital Litigation Insurance to identify where After The Event Insurance can enhance the suite of transactional risk insurances, can be drawn upon.

JustKapital Litigation Insurance

There is an ability for enterprises, whether large or small, to expunge contingent liabilities with JustKapital Litigation Insurance: the only truly independent broker and adviser of this product in Australasia.

Key advantages include:

  • Engagement with Insurers that have strong ratings and established expertise
  • Highly experienced senior management team with strong and long-standing relationships with underwriters


  • An effective turn-around time for submissions
  • Flexible premium and payment formulae
  • Deeds of Indemnity may be available as security for costs
  • Cover for certain own disbursements and costs, can be arranged

I have had a positive experience with JustKapital Litigation Insurance in their negotiation with Insurers, solicitors, and Litigation Funders to secure After The Event Insurance terms for complex representative actions. As a specialist broker, and with strong connections with key markets, JustKapital Litigation Insurance has added significant value in this process. As the requirement for After The Event Insurance continues to develop in Australia, I foreshadow that JustKapital Litigation Insurance will remain a key participant in the sector.

Robert White, Barrister,

12 Wentworth Selborne Chambers – Sydney Barristers

The firm has engaged with a key member of JustKapital Litigation Insurance's senior management team for over 15 years. We are confident that the team will continue to provide the legal fraternity in Australia with a valuable product for plaintiffs and others. JustKapital Litigation Insurance has significant technical expertise pertaining to After The Event Insurance, with solid relationships.

Andrew Sutherland,

Partner, Russells Law

For more information, contact:

James Walker

General Manager

JustKapital Litigation Insurance

D: +61 2 9696 0227

M: +61 414 241 690

E: james.walker@justkapital.com.au

A: Suite 2, Level 16, 56 Pitt Street,

Sydney NSW 2000


Diane Jones

Chief Operating Officer and Chief Financial Officer

JustKapital Litigation Insurance

D: +61 2 9696 0222

M: +61 419 403 044

E: diane.jones@justkapital.com.au

A: Suite 2, Level 16, 56 Pitt Street,

Sydney NSW 2000