Professional Negligence

A Melbourne silk wants to set aside a default judgment in a negligence case brought by a former client, claiming he should have the chance to defend his professional reputation. 

The High Court has been asked to weigh in on whether lawyers need to examine the underlying contracts in a dispute before determining whether a claim or defence is likely to succeed, in a challenge to the dismissal of a negligence suit against a Sydney solicitor.

A Sydney lawyer has successfully defended a case alleging he should have advised an X-ray business and its director that their defences in proceedings against medical device maker Philips were hopeless.

Mills Oakley has been hit with a negligence lawsuit by a former client who claims the firm failed to advise of the tax consequences of demolishing a dwelling before selling a property in Melbourne's east for $5.4 million.

Corrs Chambers Westgarth has lost its bid to knock out a long-running negligence case by a former client, with a judge finding that he was properly vested with the cause of action.

A court has found that two of the three heirs to the owners of property investor Kurtz Group can continue to use the services of Arnold Bloch Leibler, finding no risk of conflict. 

HWL Ebsworth, which was found liable for negligent advice on a Parramatta land development, wants the issue of damages returned to two referees, saying the experts' findings would have a significant impact on how much the firm had to pay.

Slater & Gordon has lost its bid to summarily dismiss a negligence suit by a former human resources executive who claims she was wrongfully accused of sending a firm-wide email containing sensitive salary data.

A superannuation fund has taken McCullough Robertson to court, arguing that its former solicitors failed to warn that a $33 million share sale agreement with Firecroft Technical Services could be jeopardised if a related Fair Work Commission approval was quashed. 

Plaintiff firm Margalit Injury Lawyers has escaped a client's bid to revive his negligence suit, with an appeals court finding the firm was protected by advocate’s immunity.