Stephen Warne on professional negligence, regulation and discipline around the world

The Australian Professional Liability Blog random header image

Entries Tagged as 'Advocates’ Immunity'

Advocates’ Immunity for Settlement Advice

September 17th, 2011 · No Comments

Tweet Update, 25 September 2011: Recent American cases on the permissibility of regretted settlement claims for professional negligence are usefully collected at this post on Professor Alberto Bernabe’s Professional Responsibility Blog.  While you’re there, check out the post about the attorney who must show cause why he should not be struck off on account of [...]

[Read more →]

Tags: Advocates' Immunity

A new advocates’ immunity case

November 20th, 2010 · No Comments

Tweet On the 6th of last month, Justice Hislop of the New South Wales Supreme Court found a professional negligence claim against a solicitor to be defeated by the defence of advocates’ immunity in Gattellaro v Spencer [2010] NSWSC 1122.  Nothing particularly exciting about the decision, but I did learn a new word: ‘cerebration’.  I [...]

[Read more →]

Tags: Advocates' Immunity · Barristers' immunity · defences · Forensic immunity · Negligence

Fraudster’s negligence claim against appeal counsel permanently stayed as collateral attack abuse of process

July 4th, 2010 · 1 Comment

Tweet Update, 16 August 2010: Justice Emerton’s decision dismissing the appeal is at [2010] VSC 351. Original post: In Walsh v Croucher [2010] VSC 296, a convicted fraudster who was, at least in about the year 2000, a bald-faced, opportunistic, calculating and manipulative liar (see R v Walsh [2002] VSCA 98 and R v Walsh [...]

[Read more →]

Tags: Abuse of process · Advocates' Immunity · Barristers' immunity · defences · Forensic immunity · Negligence

Advocates’ immunity is a defence to intentional torts

May 6th, 2009 · No Comments

Tweet Leerdam v Noori [2009] NSWCA 90 is authority for the proposition that the kind of conduct immunised from suit by advocates’ immunity includes intentional conduct (see [145]), though it is not a defence to  actions for the tort of malicious prosecution (see [146] citing McHugh J in D’Orta-Ekenaike v Victoria Legal Aid (2005) 223 [...]

[Read more →]

Tags: Advocates' Immunity

Misfeasance in public office claim against solicitor survives immunity strike out application

June 5th, 2008 · No Comments

Tweet The latest advocates’ immunity case is Noori v Leerdam [2008] NSWSC 515. The defendant solicitor was said to have been guilty of misfeasance in public office constituted by work he did for Phillip Ruddock as Immigration Minister in relation to merits review litigation about the plaintiff, an Afghan refugee applicant who rotted in an [...]

[Read more →]

Tags: Advocates' Immunity · Barristers' immunity

NSW Court of Appeal on advocates’ immunity for out of court work

May 20th, 2008 · No Comments

Tweet The NSW Court of Appeal dismissed an appeal from a decision finding that a solicitor was not immune from a negligence suit based on a failure to prepare evidence promptly, though its comments in relation to immunity were obiter dicta [102]. Although the evidence did get adduced after a change of solicitors and before [...]

[Read more →]

Tags: Advocates' Immunity · Barristers' immunity · defences · Forensic immunity · Negligence · Wasted costs

Cases, cases

December 15th, 2007 · No Comments

Tweet Update, 19 February 2008: Fellow Melbourne law blogger Legal Eagle has kindly written a case note on Equuscorp v Wilmoth Field Warne. Update, 21 December 2007: Another two advocates’ immunity cases: 1. Symonds v Vass [2007] NSWSC 1274, 36,000 words, after nearly 3 weeks of trial. See Ysaiah Ross’s case note in his article [...]

[Read more →]

Tags: Admission · Advocates' Immunity · Barristers' immunity · Legal Profession Act · Professional fees and disbursements · Retainers · setting aside costs agreements

Judge says finality has overtaken intimate connection as immunity touchstone

December 2nd, 2007 · No Comments

Tweet A New South Wales District Court judge has handed down an important decision on advocates’ immunity, which is under appeal. The case is Fowler v La Fontaine [2007] NSWDC 207. It is a case which explores what the test for the immunity really is now that the High Court has said ‘it’s all about [...]

[Read more →]

Tags: Advocates' Immunity · Barristers' immunity · defences · Forensic immunity · Negligence

2nd edition of Professional Liability in Australia reviewed

October 18th, 2007 · No Comments

Tweet I was already a fan of the first edition of Judge Stephen Walmsley SC, Alister Abadee, and Ben Zipser‘s excellent Professional Liability in Australia, published by Thomson, and had been waiting for the new edition with interest. I got myself a copy the other day. It’s good, and there are substantial additions since the [...]

[Read more →]

Tags: Advocates' Immunity · Barristers' immunity · Book reviews · Causation · conflicts · defences · Discipline · doctors · duties of confidentiality · Duties to third parties · Ethics · Fair Trading Act · Fiduciary duties · Forensic immunity · Legal Profession Act · legal professional privilege · Legal writing · Limitations of actions · Misconduct · Negligence · Professional regulation · Proportionate Liability · Retainers · Striking off · two bites at the cherry · Uncategorized · Wasted costs

NSW Supreme Court says solicitor immune from suit for out of court omissions

October 12th, 2007 · 1 Comment

Tweet Update, 12 March 2009: The advocates’ immunity part of the trial judge’s reasons did not really survive on appeal: Coshott v Barry [2009] NSWCA 34. Quite where that leaves the authority of Keefe v Marks (1989) 16 NSWLR 713, a decision of Chief Justice Gleeson, remains to be worked out. Justice of Appeal Ipp [...]

[Read more →]

Tags: Advocates' Immunity · Barristers' immunity · defences · Discipline · Forensic immunity · Negligence