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

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Entries Tagged as 'Barristers’ immunity'

Advocates’ immunity: at once more powerful and narrower than most yet understand

June 23rd, 2016 · No Comments

Advocates’ immunity was, until recently, more powerful than many lawyers were aware. Since the 1 July 2015 introduction of the Legal Profession Uniform Law and the High Court’s May 2016 decision in Attwells v Jackson Lallic Lawyers Pty Limited,[1] however, it may be narrower than many realise. And perhaps not everyone is aware that the […]

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Tags: Advocates' Immunity · Barristers' immunity · Civil Procedure Act 2010 (Vic) · Costs Court · Discipline · Insurance · Legal Profession Uniform Law · Legal Services Commissioner · National Profession Uniform Law · negligence as disciplinary breach · Professional fees and disbursements · Taxations · The suit for fees · Wasted costs

Judge puts solicitors’ negligence case on ice pending outcome of High Court challenge to advocates’ immunity

March 18th, 2016 · No Comments

In Cairncross v Anderson [2016] NSWSC 258, Justice Button was asked to summarily dismiss a negligence claim against a solicitor on the basis that it was doomed to fail by virtue of the solicitors having taken the defence of advocates’ immunity.  The negligence is said to have arisen in the course of the Great Southern proceedings in […]

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

All-new High Court to hear advocates’ immunity appeal

August 25th, 2015 · No Comments

The plurality judgment in the last decision of the High Court squarely about the advocates’ immunity was written by Chief Justice Gleeson and Justices Gummow, Hayne and Heydon JJ.  They have now retired from the Court.  As have the other judges who constituted the Court in D’Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12; 223 […]

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Tags: Advocates' Immunity · Barristers' immunity · Out of court settlements · Professional fees and disbursements · The suit for fees · Wasted costs

Solis who fail to tell client about settlement offer immune from suit

March 5th, 2015 · No Comments

Kendirjian v Lepore [2014] NSWDC 66 is only a decision of the District Court of NSW, but it purports to apply law binding on the judge, namely that identified in the NSW Court of Appeal’s decision in Donnellan v Woodland [2012] NSWCA 433. The following facts were presumed to be true for the purposes of a summary judgment […]

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Tags: Advocates' Immunity · Barristers' immunity

Advocates’ immunity summarily defeats claim alleging negligent advice to settle

June 13th, 2014 · 1 Comment

I once spent a long time writing an article called ‘Compromise of litigation and lawyers’ liability: Forensic immunity, litigation estoppels, the rule against collateral attack, confidentiality and the modified duty of care’ which was published in the Torts Law Journal when it was edited by Professor Luntz ((2002) 10 TLJ 167), and I acted for […]

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Tags: Advocates' Immunity · Barristers' immunity · defences · Forensic immunity · Negligence · Out of court settlements

Prompt extinguishment of claims met by advocates’ immunity; walk-away offers by defendants entitled to immunity

May 14th, 2014 · No Comments

Young v Hones (No 3) [2014] NSWSC 499 is a decision about the costs of a lawyers’ negligence claim which was defeated by advocates’ immunity.  It and the (No 2) decision are interesting because: 1.  The Court determined the immunity point against the plaintiff in the trial of a preliminary question, having previously dismissed the lawyers’ […]

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Tags: Advocates' Immunity · Barristers' immunity

More Corby saga lawyer shenanigans

March 6th, 2014 · No Comments

I have been saying for a while now that Schapelle Corby’s saga is a case study in the importance of choosing your legal team wisely. Moss v Eagleston [2014] NSWSC 6 provides further analysis of the performance of a lawyer selected by another of the players in the saga. That selection was a selection made by […]

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

A new advocates’ immunity case

November 20th, 2010 · 1 Comment

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 looked […]

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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

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 · defences · Forensic immunity · Negligence

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