Regulatory proceedings by ASIC seeking declarations, injunctions, winding up orders and freezing orders under the Corporations Act 2001 (Cth) do not constitute a 'Claim' for civil compensation or civil damages under a professional indemnity insurance policy, even where s 1324(10) would permit the court to order damages. The mere possibility that proceedings might be expanded to incorporate monetary relief does not constitute a 'written intimation of an intention to seek such compensation or damages'. Where a professional indemnity policy is sold to a person not in a traditional profession and defines the business conducted, the 'professional capacity' wording requires only that the liability arises from a breach of duty owed in connection with that defined business.
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