Stephen specialises in acting for local and global insurers, their insured clients, and corporate technology providers in complex technology disputes.

He has acted for a wide range of technology providers including software developers, ERP and CRM consultants, website and app developers, payment processing platform providers, SaaS providers, and managed services providers.

Stephen regularly defends and prosecutes complex litigation in federal and state courts, including recoveries arising from cyber incidents, which often involve multi-million-dollar quantum claims (including claims with alleged quantum in excess of $100 million). The disputes typically involve highly technical contractual breach issues, intellectual property infringement and consumer law issues.

Stephen uses his technical and strategic expertise to achieve the best possible commercial outcomes for his clients. His understanding of the unique risks experienced by technology professionals allows him to manage and resolve disputes in a pragmatic and commercial manner.

Technology Liability – Defence

  • Acting on behalf of a website developer in a claim brought by a former client for alleged delay in development of a website.
  • Acting on behalf of an enterprise resource platform developer in defence of a claim brought in respect of alleged delay and project management deficiencies in the transition of a client from Microsoft Dynamics AX to Microsoft Dynamics 365.
  • Acting on behalf of an enterprise resource platform developer in defence of a claim for alleged delay and costs overrun.
  • Acting on behalf of a payment processing platform provider in defence of a claim for alleged negligence, breach of contract and misleading or deceptive conduct.
  • Acting for a website developer in a claim involving the failed implementation of a payment processing system for the website of an Australian company operating in the United States of America.
  • Acting on behalf of a managed services provider (MSP) in multiple claims by its former clients following a ransomware attack on the MSP.
  • Acting on behalf of an MSP in a claim brought by its largest client following a denial-of-service attack.
  • Acting on behalf of an MSP in a claim brought by one of its clients following a ransomware attack suffered by the client.
  • Acting on behalf of a mobile application developer in defence of a claim brought in respect of an allegedly defective app.
  • Acting on behalf of an Australian defence contractor in a claim brought by a former client regarding the provision of a communications detection system for several military vessels for alleged breach of contract and negligence.
  • Acting on behalf of a point-of-sale software developer in the defence of a claim brought against it by an aggrieved client for alleged breach of contract, negligence, and misleading or deceptive conduct.
  • Acting on behalf of various technology providers in relation to intellectual property disputes, including breach of copyright and breach of confidentiality.

Technology Liability – Coverage

  • Advising various insurers on coverage issues arising under IT liability policies following cyberattacks suffered by IT companies, which typically involve the compromise of both the IT company’s and its clients’ networks and data.
  • Advising an insurer on coverage available under an IT liability policy regarding claims against a developer arising out of alleged deficiencies in the insured’s software.

Cyber Liability and Recoveries

  • Acting for the insurers of an ASX-listed company on a recovery claim concerning the allegedly deficient performance of a Security Operations Centre operator.
  • Acting for the insurers of an accounting and business advisory business in recovery proceedings following a business email compromise.
  • Advising an insurer on issues arising from a business email compromise that resulted in the theft of significant funds and a negligence claim against the compromised business.
Areas of Expertise
  • Cyber, Privacy and Data Security
  • Professional Liability
  • Technology Liability

Industry Representation
  • Technology and Cyber

Professional Affiliations
  • Australian Insurance Law Association
  • Australian Professional Indemnity Group
  • NSW Claims Discussion Group