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

The Australian Professional Liability Blog random header image

Entries Tagged as 'Proportionate Liability'

Latest proportionate liability decision

November 19th, 2007 · No Comments

Here's the latest proportionate liability case, from the Supreme Court of Victoria's Justice Hargreaves: Atkins v Interprac Financial Planning Pty Ltd [2007] VSC 445, decided just today.

[Read more →]

Tags: Proportionate Liability

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 [...]

[Read more →]

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

Federal Court Dishes Out Some Serious Proportionate Liability Interpretation

August 21st, 2007 · No Comments

Melbourne's Justice Middleton has dished out some serious interpretation of the Victorian and federal proportionate liability regimes and, what's even more useful, their interrelationship, in Dartberg Pty Ltd v Wealthcare Financial Planning Pty Ltd [2007] FCA 1216, a decision at an early stage of the proceedings. It is a classy judgment in a matter [...]

[Read more →]

Tags: Negligence · Proportionate Liability · defences

Justice Hollingworth unpicks the proportionate liability provisions

August 20th, 2007 · No Comments

In Woods v De Gabriele [2007] VSC 177, Justice Hollingworth has tentatively unpicked some difficult parts of the federal and Victorian proportionate liability provisions in Part IVAA of the Wrongs Act, 1958 (the relevant provisions are here), and in the Corporations Act, 2001 (Cth) and Australian Securities and Investments Act, 2001 (Cth) Division 2, Subdivision [...]

[Read more →]

Tags: Negligence · Proportionate Liability · defences

Here's a copy of the Vic Wrongs Act 1958's proportionate liability provisions

June 24th, 2007 · No Comments

PART IVAA PROPORTIONATE LIABILITY

[Read more →]

Tags: Negligence · Proportionate Liability · defences