The Federal Court has scheduled four days next year to hear a dispute related to BMS Risk Solutions’ acquisition of Gard Insurance and an “earnout” payment.

Court papers show an assisted dispute resolution process ended without success last month and a schedule for filing of agreed and disputed facts and other documents has been set.

The matter is scheduled for hearing on the issue of liability only from April 20, with Justice Elizabeth Bennett listed as the judge.

Gard Insurance, including Ale Underwriting, was acquired through a share purchase deed in April 2023 that provided for later payments following fiscal 2023 and 2025 results.

Shareholder Hairy Heifer and its owners Dean Fiddes and Janelle Cox – former Ale Underwriting executives – launched action regarding a disputed payment failure totalling more than $1 million. BMS filed a cross claim.