Keely Graham Keely Graham

Keely Graham

Principal Insurance | Sydney
02 8262 2722 kgraham@mcwnsw.com.au Download vCard

Keely heads the Financial Lines team in Sydney.  For over 20 years she has specialised in coverage and defence in relation to D&O, management liability (including employer liability) and professional indemnity. She is well recognised for her commercial and legal expertise. 

Keely advises Australian, American and European insurers, and acts for SMEs and large corporates; particularly brokers, finance professionals, real estate professionals, construction professionals and health professionals.

Clients particularly value and trust Keely’s ability to quickly shut down claims, often before they are litigated. She is also recognsied for her understanding of clients’ businesses and ongoing commercial needs.

Keely is also appreciated by her clients for her technical and legal skill which has seen her act in some of the largest claims in Australia as well as having advised insurers as coverage counsel in many of Australia’s significant shareholder class actions.

Keely is highly regarded amongst her peers and industry. She has been continuously listed in the Best Lawyers Australia since 2014, and is actively involved as President of the Medico Legal Society of New South Wales and is on the Steering Committee of the Lloyds Dive-in Festival.

 

Recognised in Best Lawyers in Australia for her work in Insurance Law
Best Lawyers Australia 2019 Edition

Keely's Qualifications

  • Bachelor of Economics, Sydney University
  • Bachelor of Laws (Hons), Sydney University
  • Graduate Diploma of Applied Finance and Investment, Securities Institute of Australia
  • Solicitor of the Supreme Court of NSW and QLD
  • Solicitor of the High Court of Australia

Keely's Expertise

  • Dispute resolution
  • Professional Indemnity
  • Directors and officers and management liability
  • Medical malpractice
  • Employment practices

Keely's Leadership

  • President, Medico-Legal Society of NSW
  • Member, Australian Insurance Law Association
  • Member, Association for Women in Insurance
  • Member, Australian Professional Indemnity Group
  • Member, The Law Society of New South Wales

Keely's Recent Experience

Area of Expertise

Area of Expertise

Professional indemnity - finance and insurance professionals

Work Undertaken

Acting for financial advisors and insurance brokers in relation to claims before FOS, NSW, Qld and Vic Courts.
Defending accountants. 
On the team acting for Grant Samuel in the GIO v AMP class action, being Australia’s first shareholder class action.

Area of Expertise

Area of Expertise

Professional indemnity - property professionals

Work Undertaken

Acted for a national valuer in relation to valuations of a whole proposed suburb where close to $100 million was claimed; the matter resolved for less than 5% of the claimed amount.
Acts for real estate agents, strata agents and property managers in negligence, breach of contract, misleading and deceptive conduct, personal injury, restraint and employment claims.

Area of Expertise

Area of Expertise

Professional indemnity - construction

Work Undertaken

Acted for the engineer and certifier of a significant retaining wall that collapsed onto factories below.

Area of Expertise

Area of Expertise

Medical negligence

Work Undertaken

Acted in catastrophic birth injury cases and a significant meningococcal case, District and Supreme Court claims, as well as HCCC, AHPRA, Board and Tribunal investigations and coronial inquiries.

Area of Expertise

Area of Expertise

D and O and management liability

Work Undertaken

Provided coverage and monitoring advice in many of Australia’s largest shareholder class actions, including advising excess D&O insurers in the Centro, Sons of Gwalia and the Great Southern class actions.
Providing coverage advice and acting as coverage counsel in relation to claims brought against directors and officers for various breaches of directors’ duties, including Corporations Act and ASX disclosure obligations. Also advises insurers in relation to fidelity claims, penalties and defamation matters.

Area of Expertise

Area of Expertise

Employment practices

Work Undertaken

Providing coverage advice and acting in the defence of EPL claims, including applications claiming unfair dismissal, breach of general protections provisions and discrimination laws.
Having claims for unfair dismissal for alleged theft discontinued with the entire sums stolen repaid by the Claimant. Restraint of trade matters.

Keely's recent publications

View All Articles
  1. JANUARY 2018 FOS / INSURANCE BROKER OVERVIEW

    09 Feb 2018

    JANUARY 2018 FOS / INSURANCE BROKER OVERVIEW 2017 saw a significant increase in insurance disputes go to Financial Ombudsman Service FOS (28% increase) and the appointment of three extra insurance Ombudsmen. This is in part due to insurers outsourcing...

    Read More
  2. FOS WAS AND WILL BE NO MORE

    08 Feb 2018

    FOS WAS AND WILL BE NO MORE Australian Financial Complaints Authority Financial Ombudsman Service (FOS) and other financial service provider internal dispute resolution (IDR) schemes will be replaced with one central Australian Financial Complaints...

    Read More
  3. Directors duties. Show me the money. And ethics, culture and reputation…

    18 Oct 2016

    There have been a few recent reminders that directors must think beyond financial consequences of their companies’ decisions, to include considerations of corporate culture, reputational harm and potential breaches of the law. In ASIC v Cassimatis...

    Read More