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

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Entries Tagged as 'Duties to third parties'

Liability of directors of incorporated legal practitioners for wrongdoing of fellow directors

February 25th, 2016 · No Comments

Legislation regulating lawyers typically deals with directors of incorporated legal practices like Victoria’s Legal Profession Act 2004’s s. 2.7.11 as follows: ‘Each of the following is capable of constituting unsatisfactory professional conduct or professional misconduct by a legal practitioner director– (a) unsatisfactory professional conduct or professional misconduct of an Australian legal practitioner employed by the […]

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Tags: common law · Discipline · Duties to third parties · Misconduct · Unsatisfactory conduct

WA disciplinary tribunal says it’s misconduct for a doctor passing a crash not to stop and offer assistance

February 3rd, 2014 · No Comments

Update: This decision was reversed on appeal: Dekker v Medical Board of Australia [2014] WASCA 216.  The Court of Appeal did not find that there was no duty to assist.  Rather, they found that there was insufficient evidence before the disciplinary tribunal for it to find the existence and acceptance in the profession of such a […]

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Tags: doctors · Duties to third parties · mental illness · Misconduct

Solicitor’s duty of care to the non-client: the law summarised

October 1st, 2013 · No Comments

In Carey v Freehills [2013] FCA 954, the firm prevailed. Justice Kenny helpfully summarised the law in relation to the circumstances in which a solicitor will be found to have a duty of care to a person who has not retained him or her:

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Tags: "professional negligence" · Duties to third parties · Negligence · Retainers

Professionals’ duties of care to subsequent purchasers of commercial buildings

August 29th, 2009 · No Comments

My fellow barrister Andrew Kincaid has written a useful summary of that thorny part of the law of negligence which regulates in what circumstances builders owe a duty to people who buy buildings from the original owner to avoid them suffering pure economic loss when a latent defect becomes patent. Although we (or I at […]

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Tags: Duties to third parties · Negligence

The disgruntled beneficiary and the executor’s lawyer

March 15th, 2009 · 4 Comments

Imagine this.  A beneficiary thinks a trustee is diminshing the trust estate by spending too much on lawyers. They have no standing to seek a taxation of the trustee’s solicitor’s bill, and the trustee’s solicitor’s file is unavailable to them by virtue of legal professional privilege enjoyed by the trustee.  The beneficiary has no contractual […]

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Tags: costs disputes · Duties to third parties · Legal Profession Act · Professional fees and disbursements · Retainers

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 · 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

English cases on auditors’ liability to third parties and on architects’ liability

October 3rd, 2007 · No Comments

England’s CMS Cameron McKenna, whose free ‘Law Now’ service is well worth subscribing to, have a couple of interesting articles on their website about auditors’ liability to third parties. Apparently, England has devised legislation, the Company Law Reform Bill, providing for ‘Liability Limitation Agreements‘. The big new auditors’ liability case discussed is MAN Nuzfahrzeuge AG […]

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Tags: Causation · Duties to third parties · Negligence