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Entries Tagged as 'Advocates’ Immunity'

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

July 4th, 2010 · 1 Comment

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 [2000] [...]

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

Advocates’ immunity is a defence to intentional torts

May 6th, 2009 · No Comments

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 CLR [...]

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Tags: Advocates' Immunity

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

June 5th, 2008 · No Comments

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 immigration [...]

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Tags: Advocates' Immunity · Barristers' immunity

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

May 20th, 2008 · No Comments

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 the [...]

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

Cases, cases

December 15th, 2007 · No Comments

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 in [...]

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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

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 finality’. [...]

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

2nd edition of Professional Liability in Australia reviewed

October 18th, 2007 · No Comments

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 first [...]

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

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

October 12th, 2007 · 1 Comment

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 with [...]

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

Latest English solicitors’ liability newsletter

October 11th, 2007 · No Comments

Here’s the latest from Reynolds Porter Chamberalain. Contents this edition include: The High Court considers the scope of a solicitor’s duty of care in his dealings with an unsophisticated client In Phelps v (1) Stewarts and (2) Dinsmore [2007] EWHC 1561 (Ch) the Court rejected a solicitor’s argument that her retainer was of a limited [...]

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Tags: Advocates' Immunity · Barristers' immunity · Negligence · Retainers

Solicitors’ settlement advice immune from suit

August 18th, 2007 · No Comments

I know for a fact that the profession does not understand the extent of the advocates’ immunity which is set out in the decision of the majority in D’Orta-Ekenaike v Victoria Legal Aid [2005] 223 CLR 1. Not uncommonly I see lawyers’ negligence claims arising out of litigation being defended without claiming the immunity, or [...]

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