Woodcroft-Brown v Timbercorp Securities Ltd & Ors

Disclosure Obligations for Product Disclosure Statements: Supreme Court Finds for the Defendants in Woodcroft-Brown v Timbercorp Securities Ltd & Ors Summary In a landmark decision on 1 September 2011, the Victorian Supreme Court dismissed a class action by Timbercorp investors. Justice Judd’s decision in Woodcroft-Brown v Timbercorp Securities Ltd & Ors [2011] VSC 427, clarifies the disclosure […]

Suing Lawyers (Barristers or Solicitors) for Work Performed in Court

Suing Lawyers (Barristers or Solicitors) for Work Performed in Court The Facts The case of Sims v Chong concerned an action by the Appellant against his former legal practitioner. The Appellant retained the Respondent as his legal practitioner in a claim for damages arising from the use of a number of patents, trademarks and strategies. The Original […]

Solicitors Owe A Duty Of Care To Beneficiaries When Drafting Wills

Solicitors Owe a Duty of Care to Beneficiaries when Drafting Wills The recent decision of Calvert v Badenach handed down in the Full Court of the Supreme Court of Tasmania in 2015 highlights the requisite level of care owed by solicitors when drafting wills. It highlights that solicitors ought to be particularly careful when drafting wills which […]

Share Broker – Ordered to Pay Damages for Failure to Sell Shares as Instructed

Professional Negligence of Share Broker – Ordered to Pay Damages for Failure to Sell Shares as Instructed The case of Pankhurst v Gairdner & Co involved an action for breach of contract and professional negligence against a share broker who failed to sell shares at the stipulated price and time. The applicant sought damages for the amount […]

Lawyers Sued for Failing to Warn of Possibility of Nil Recovery

Lawyers Sued for Failing to Warn of Possibility of Nil Recovery Professional Negligence – Breach of Contract of Solicitors In the case of Hyland v Campbell, clients of a law firm successfully sued their solicitors for losses incurred when the lawyers failed to warn them of the very real possibility of nil recovery in their claim, […]

Accountancy and Financial Advice – Professional Negligence

Professional Negligence – Accountancy & Financial Advice We recently acted for clients who had suffered significant financial harm due to the professional negligence of their accountants and financial advisors (“financial advisors”).  The matter involved advice given to our clients in relation to investments in various financial products including agricultural investments which were clearly not suited […]

Accountants Held Liable for Breach of Duty to Previous Shareholders of Company

Accountants Held Liable for Breach of Duty to Previous Shareholders of Company – Professional Negligence The case of Boyd v Ackley involved a claim against accountants for professional negligence. The plaintiffs in the case were a husband and wife who owned all of the shares in a company. They had a history with the defendant accountants, being […]