Lewis, Simon

Senior Executive Lawyer

Napier, Bill

Special Counsel Commercial

Reid PSM, Cathy

Chief Counsel Commercial


AGS has a thorough understanding of the Commonwealth appetite for risk. We assisted in drafting the Public Governance, Performance and Accountability Act 2013 so we bring an unrivalled knowledge of the legislative and policy frameworks that interact with all our clients' insurance needs. Our advice is always informed by the context of government.

We handle complex liability and risk assessments for major government procurement programs and infrastructure projects. Many of our lawyers have substantial private practice experience, acting for and against large insurers in complex matters and advising private business entities on insurance needs. So we know the market, and we know government – and that makes us unique.

Risk assessment is not something that is bolted on to our strategic advice; it is central to everything that we do and core to our thinking at all times. We are part of the public service and culturally aligned to its values and requirements. Because we work across so many agencies, our clients benefit from our real-time understanding of best and innovative practice across the whole of government.

We are able to seamlessly align the client's chosen risk profile in its commercial transactions with the insurance requirements of its commercial partners. We are uniquely aware of Commonwealth positions on legal risk, capping of liability and indemnity requirements in commercial transactions. We also advise strategically on the commercial feasibility of these positions.

While AGS has extensive experience engaging with private insurers in the commercial marketplace – we do not act for them. We will never be commercially conflicted against the Commonwealth and will always deploy our substantial corporate memory for the long-term benefit of all government agencies.

Examples of our work include:

  • briefing specialised insurance advisers to establish insurance requirements for high-risk/high-profile contracts
  • developing documentation to reflect the requirements of a contract and reviewing contractor/tenderer insurance proposals and cover
  • undertaking risk assessments for agencies involved in contracts and funding programs, taking account of insurance considerations
  • advising on hundreds of claims where it is necessary to consider and, in some cases, claim against private insurers to companies that have contracted with the Commonwealth
  • advising extensively on matters involving the Comcover Policy Manual.