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

The Australian Professional Liability Blog random header image

Reviews

Jason Pizer, Pizer’s Annotated VCAT Act, 3rd edition (2007)

Richard Cook, Annotated Rules of Court (2007)

Ian Enright, Professional Indemnity Insurance Law (2007)

Kim Lovegrove and Sav Korica, Disciplinary Hearings and Advocacy (2009)

2 Comments

2 responses so far ↓

  • 1 Malcolm Sandman // Sep 11, 2009 at 6:22 am

    Excellent website and very useful.

    This is a question rather than a comment. Do you know the authority for the proposition that a lawyer cannot exclude or cap liability for negligence in his terms of engagement?

    If a lawyer can cap or exclude liability under contract, why can he not seek to exclude or cap liability in tort?

    Regards,

    Malcolm Sandman

  • 2 stephen // Sep 11, 2009 at 8:53 pm

    See, for Victoria at least, s. 7.2.11 of the Legal Profession Act, 2004, which is to be read subject to the Professional Standards Act, 2003, an Act this blog has strangely never treated. For the position at common law, see Astley v Austrust (1999) 197 CLR 1.

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