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

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Entries Tagged as 'Forensic immunity'

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

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

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

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 · defences · Forensic immunity · Negligence · Wasted costs

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 · defences · Forensic immunity · Negligence

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

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 · defences · Discipline · Forensic immunity · Negligence

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 · defences · Forensic immunity · Negligence

WA Supreme Court says advocates’ immunity applies to misleading and deceptive conduct claims against lawyers

May 9th, 2007 · 1 Comment

In Alpine Holdings Ltd v Feinauer[2007] WASC 58, the Supreme Court of Western Australia gave very short shrift indeed to an argument that a statutory claim of misleading and deceptive conduct was not met by advocates’ immunity. The decision is interesting for this reason alone. It is also interesting because of: the Court’s willingness to […]

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